A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] The Defendant was sentenced to a fine of KRW 5 million on March 31, 2010 for the violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on March 31, 2010, and was sentenced to a fine of KRW 5 million.

【Criminal Facts】

On January 28, 2020, at around 18:35, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument for about 20 minutes, on the road in front of the Mannam City, while driving a Radal car under the influence of alcohol, there was a statement from E to the police officer belonging to the Sungnam Police Station D police box of the Sungnamnam Police Station, while drinking, having a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol while driving the Hadal vehicle under the influence of alcohol, drinking alcohol, drinking on the face, and drinking alcohol, etc.

Nevertheless, the Defendant, in a manner that does not fully put the part of a drinking measuring instrument into the drinking-free measuring instrument, failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking alcohol refusal twice or more.

Summary of Evidence

1. Defendant’s legal statement F, and G’s written statement: The Defendant’s written statement concerning the state of his will;

1. A report on the issuance of a receipt made by the suspect;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of criminal records refusing to measure sound records), and application of Acts and subordinate statutes to criminal investigation reports (verification of criminal records of sound driving);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has the record of being punished several times due to drinking refusal and drinking driving, and the defendant was sentenced to six months of imprisonment due to drinking driving in 2012 and completed the sentence in 2012, and even if he was sentenced to six months of imprisonment due to drinking driving, he was engaged in drinking driving in a very rush manner and refused to take a drinking test.

However, the defendant depths his mistake.