A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On December 20, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

[2] On October 24, 2020, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, including the following: (a) the Defendant: (b) the Defendant, from the police box of the Seosan Police Station C, who was called up after receiving a report on driving 112 of alcohol on the front of the Seosan City, on October 24, 2020; and (c) the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant, who was fluencing on the face, flucing red on the face

Although it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument due to reasonable grounds to determine a person, the police officer did not comply with the request for the measurement of drinking without justifiable grounds by explicitly disclosing his/her intention of refusal.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of Acts and subordinate statutes to make inquiries, such as a report on the situation of the driver in charge of on-site photographs, a bar campaign video data crime history, and a report on investigation (report attached to a summary order of the previous personal records of the suspect);

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Details and contents of the crime for sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant, the circumstances after the crime, the defendant's environment, etc.;