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

Punishment of the crime

On November 17, 2006, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daejeon District Court on November 17, 2006. On December 31, 2009, the Defendant was issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act, etc. at the Ansan District Court's Ansan Branch.

Criminal facts

1. Around 16:56 August 24, 2019, the Defendant: (a) driven a vehicle EK7 vehicle while under the influence of alcohol with approximately 4.3km from the section of approximately 0.225% of blood alcohol concentration from the front of the building B in Chungcheongnam-gun, Chungcheongnam-gun to the front of the D stations located in the same military C.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

2. On September 8, 2019, the Defendant violated the Road Traffic Act (refluence of the noise measurement) caused an accident in front of a G cafeteria located in F in the Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, where he was driving a KS7 car on the front of the G cafeteria, which was parked there.

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, photographing, stringing, and routing, etc. from K at the G District of the Seosan Police Station, which was dispatched to the site after receiving the above 112 report, and the Defendant was demanded from around 04:15 on the same day to comply with the drinking test for about 10 minutes from around the same day, but did not comply with the drinking test of a police officer without justifiable grounds.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Smoking photographs;

1. The actual survey report, etc.;

1. Reporting, etc. on the occurrence of traffic accidents;

1. 112 reported case handling table;

1. A manual for drinking control, etc.;

1. Previouss before judgment: Criminal history records;