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

[criminal power] On August 20, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on August 20, 2015, and was issued a summary order of 1.5 million won for the same crime in the same court on April 18, 2016.

【Criminal Facts】

On December 14, 2019, at around 17:30 on December 14, 2019, the Defendant: (a) driven a motor vehicle by drinking alcohol while drinking on the front of the “Ccafeteria” road located in Gwangju City; and (b) around 17:34 on the same day, the Defendant was requested by F of the Gyeonggi Mine Police Station Ecomtation, which called “a person who intends to drive a motor vehicle,” to comply with a drinking test on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol, by drinking alcohol, by drinking alcohol, from F of the Gyeonggi Mine Police Station Ecomtation to which the Defendant belongs, and refused to comply with the drinking test.

At around 18:02 on the same day, the Defendant was requested by the Inspector F to respond to a drinking test by inserting the whole breath of a drinking measuring instrument from the police box located in G in Gwangju City, but refused to take a drinking test. At around 18:07, the Defendant was required to take a drinking test but failed to take a test by inserting the whole breath in a proper manner, and thus refused to take a drinking test again at around 18:15.

As a result, the Defendant did not comply with the police officer's demand for alcohol measurement without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement to be prepared;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry records, court rulings, and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being sentenced to a fine twice due to drunk driving.