A defendant shall be punished by imprisonment for one year.

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

Since the defendant is led to confession, it shall be stated that the same method as “(see, e.g., the page of the evidence record)” should be stated below.

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The defendant of criminal power was sentenced to one year of suspended sentence for the violation of the Road Traffic Act (No. 2007No. 1181) at the Chuncheon District Court on March 21, 2008 (see, e.g., the evidence record) on the ground that the defendant was sentenced to one year of suspended sentence for 8 months of imprisonment (No. 2007No. 1181).

Criminal facts

On May 20, 2020, the Defendant was driving a B gallon II motor vehicle with drinking on May 20, 2020 (see, e.g., evidence record No. 15) in a gallony state. On May 20, 202, the Defendant was making a stop at a one-lane (see, e.g., evidence No. 18) in front of the D convenience store located in Hongcheon-gun, Gangwon-gun.

At around 04:00 on the same day, the Defendant was required to comply with a drinking test on the ground that “the Defendant was snicking to the Defendant, and was locked at the driver’s seat of a vehicle parked on one lane (see, e.g., evidence No. 18).” On the same day, the Defendant was also required to comply with a drinking test on the ground that “(see, e.g., Article 20 of the evidence record) was driving a vehicle under the influence of alcohol, and there are reasonable grounds to recognize that he was driving a vehicle under the influence of alcohol,” but the Defendant did not comply with a drinking test on two occasions at around 04:10 and around 04:15 on the same day, and expressed to the police officer that “The Defendant would again refuse a drinking test.”

Accordingly, the defendant is under the influence of alcohol.