A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 22, 2003, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court. On July 28, 2004, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court. On November 23, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

The defendant is a driver of Bchip car.

On June 21, 2020, the Defendant: (a) despite the fact that he violated the prohibition of drunk driving at around 00:50 on June 21, 2020, the Defendant: (b) drive the said vehicle at approximately 10 meters in front of D on the front of the road located in Daegu-gu, Daegu-si; and (c) stated that the reporter was “the Defendant was making a drunk driving; and (d) the reporter was not in compliance with the demand of the police officer for the measurement of alcohol on three occasions from around 00:55 to November 1, 201 on the same day on the same day by refusing to comply with the demand of the police officer for the measurement of alcohol without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Criminal records before and after a defendant's legal statement, notice of results of the regulation of drunk driving, report on the state-owned driver's statement, report on the violation of the Road Traffic Act (Refusal of noise measurement) and on-site photographs: Criminal records, inquiry reports, summary order, application of statutes of the judgment

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.