A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 6, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the wooden Branch of Gwangju District Court on December 6, 2006, and was sentenced to a fine of KRW 3 million by the Gwangju District Court on March 24, 201.

The Defendant, around 22:50 on March 19, 2020, driven a rocketing car at the underground parking lot of the “B apartment in Gwangju Mine-gu, Gwangju Metropolitan City,” while driving the C rocketing car at the “Amsta car.”

"Absent reasons to recognize that a person was driven under the influence of alcohol, such as drinking in the defendant's entrance, breathly, breathly and inaccurate, etc., from the circumstances belonging to the Gwangju Mine Police Station D District, dispatched upon receipt of a report, he/she did not comply with a police officer's request for a measurement of alcohol without justifiable grounds, even though he/she was requested to comply with a request for a measurement of alcohol by inserting the breath in the form of a breathly breath through three minutes.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. List of reported cases handling;

1. Shotic photographs of a police officer dispatched to the scene, or a photograph of refusal to measure a drinking taken by a police officer dispatched to the scene;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime of refusing to take a drinking again even though he/she was punished twice due to drinking driving, and the attitude of refusing to take a drinking again is bad, and thus, the defendant is sentenced to imprisonment.