Defendant shall be punished by imprisonment for a term of one year and two months.

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] On December 30, 2010, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 30, 2010. On August 4, 2017, the Defendant was issued a summary order of a fine of seven million won by the same court as the same crime.

【Criminal Facts】

Around 00:30 on June 11, 2020, the Defendant, who was on board and returned to Korea a set of car operated by a proxy driver, prior to the Namyang-si, B, and returned to Korea, brought about a dispute as to the above proxy driver's and fee, and the Defendant, at that place, driven the car while drinking in approximately 120 meters from the place to the front road.

On June 11, 2020, the Defendant received a report of a proxy driving engineer on his/her own driving at around 00:40, and received a report, and there are reasonable grounds to recognize that he/she was driving under the influence of alcohol from F, such as drinking, smelling, brea Police Station Embling, etc., the Defendant requested the Defendant to comply with a drinking test by inserting the whole breath on three occasions, but failed to comply with a police officer’s request for a drinking test without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement, investigation report, site photograph, and 112 report management slip;

1. Application of Acts and subordinate statutes on criminal history records, reference reports (A), investigation reports (verification of the same kind of power of a suspect A);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

3. Determination of sentence;

2. The defendant, whose sentencing criteria are not set, is around 2010 and around 201.