A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

2020 Highest 2364

1. On October 24, 2016, the Defendant was issued a summary order of KRW 100,000,000,000 by a fine due to a violation of the Road Traffic Act (drinking driving) in support of the act of driving on the road (dacting driving) in the case of the violation of the Road Traffic Act (dacting driving), and on January 9, 2017, by the same court, the summary order of KRW 2,00,00 was issued, respectively.

[2] On May 16, 2020, the Defendant, while drunk around 17:54 on May 16, 2020, driven the EVL125 Oba in a section of about 100 meters from the trade name Scki to the front side of the “D” located in Hanam-si C.

The defendant was driven under the influence of alcohol, such as smelling in the entrance and snicking on the face.

Since there are reasonable grounds to determine the seal, the aforementioned “D” was demanded to comply with the drinking test by inserting the measuring instrument into a drinking measuring instrument from G in the circumstances belonging to the F District Department of the Southern Police Station, but did not comply with the police officer’s request for the drinking test for about twenty-five minutes of the drinking test without justifiable grounds, such as booming the measuring instrument by hand, booming the surrounding event, avoiding a drinking measuring instrument, avoiding the face, leaving the control site, leaving the control site, etc.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2020 Highest 3108

2. On May 16, 2020, around 19:50, the injured Defendant: (a) reported the Defendant’s drinking of alcohol in front of the “D” restaurant located at H, Hanam-si; (b) was a trial expense on the ground that the Defendant reported the Victim I (51) to drive alcohol in front of the said restaurant; (c) went beyond the victim’s growth; and (d) removed the victim’s eye and head; (c) the victim’s eye part of the victim’s right eye was removed from work; and (d) the victim’s eye was fluencing the victim’s eye for about four weeks to undergo approximately four weeks of treatment.

Summary of Evidence

2020 Highest 2364

1. The Defendant’s notice of the result of the Defendant’s control over driving under the influence of alcohol, the head of the vehicle’s oral statement refusing to measure the alcohol consumption report, the CD and on-site photographs (dominated drinking).