A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 24, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special intimidation in the Seogsan Branch of the Daejeon District Court on October 24, 2019, and the judgment becomes final and conclusive on February 1, 2019 and is currently under probation period.

On December 12, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (Refusal of measurement) by the Daejeon High Court on December 12, 2012; on April 11, 2014, the Daejeon District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 11, 2014; and on June 9, 2017, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 25, 2019, the Defendant: (a) around 22:00, the Defendant moved C-rolling stock around the B market in Seocho-si.

On the other hand, the police officer of the Seosan Police Station, who was called to be suspected of driving under the influence of alcohol, was required to respond to a drinking test in order to clarify whether a person was under the influence of alcohol due to reasonable grounds to recognize that the person was under the influence of alcohol, such as smelling, smelling, reding, etc. by the head of the police box affiliated with the police box of the Seosan Police Station.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. 112 reported case handling table;

1. Notification of the control of drinking driving;

1. A report on investigation;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), judgments and summary orders, five copies of written judgments, investigation reports (period of suspension of execution of sentence), and application of Acts and subordinate statutes of one written judgment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has already been punished by a fine in a number of times due to driving under the influence of alcohol and refusal of measurement of alcohol, as stated in its reasoning.