A 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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 25, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on July 25, 2016, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 10, 2017.

【Criminal Facts】

On February 28, 2020, the Defendant reported on February 18, 2020 at the 1112th apartment parking lot of Gyeonggi-si, Gwangju-si, that “A person has to grow within the vehicle, and make confirmation of drinking.” The Defendant did not comply with a police officer’s demand for alcohol measurement without justifiable grounds, even though he was required to comply with a drinking measurement method by inserting the 10 minutes from around 19:09 of the same day to about 19:19 of the same day, for a considerable reason to recognize that he was driven under the influence of alcohol, such as making a walk by a police officer, who is a police officer of the Gyeonggi-gu Police Station, a police station in charge of the Gyeonggi-gu Police Station, who was dispatched to the site after receiving a report on 112.

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

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. On-site photographs and reports (on-site conditions, etc.);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and refusal of measurement of drinking alcohol is not sufficient in itself, and the defendant has three times the history of punishment for drinking driving. In particular, the recent 2016 and 2017, which were subject to criminal punishment of a fine due to drinking driving, is within a relatively short period.