A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal power] On March 16, 2016, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act (driving). On April 19, 2017, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

【Criminal Facts】

On January 24, 2020, around 07:08, the Defendant was required to comply with the measurement of drinking alcohol by inserting the deposit into a drinking measuring instrument for about 10 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a large amount of drinking, smelling, sniffing, and sniffing the Defendant from the head of the police station D Zone D District, the Defendant called out after receiving a report, while driving a C golf car with a previous light in the burg parking lot incheon-si, 2020.

Nevertheless, the Defendant, without good cause, failed to comply with a police officer’s request for drinking alcohol measurement without a justifiable reason, on the ground that “I am off her clothes, she was in line with the driver’s request,” and that “I am out of the bar, who was in line with the driver’s request for drinking alcohol measurement by a police officer.”

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. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of each statute of the judgment;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant had been subject to criminal punishment for drunk driving four times; and (b) the Defendant had been subject to suspended sentence of imprisonment for two times among them; (c) the Defendant engaged in the instant drunk driving; and (d) the police officer’s legitimate request for measurement.