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

On April 30, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on October 25, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for the same crime at the same court.

On September 10, 2020, the Defendant was under the influence of alcohol on September 22, 2020, while driving a DNA-based car from the front of the influenite-gun, Sungsung-gun to the front of the C restaurant located in Gwangju Mine-gu, and received a report from the reporter who observed that the face is red and hard enough to properly hold off his body, and the Defendant was under the influence of alcohol, such as the state of drinking in a sloping and an inaccurate state of red and melting, b3:06 on the same day, the same day, around 23:16 on the same day, and around 23:27 on the same day, and around 21:27 on the same day, the Defendant did not comply with the request of the police officer for a drinking test, but did not comply with the request of the above police officer for a drinking test, such as a request for a drinking test without justifiable reason.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Scenic photographs at the drinking control site;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgment, etc. on records of sound driving);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

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