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 became final and conclusive.

Punishment of the crime

On February 13, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court.

On February 5, 2020, the Defendant: (a) around 14:42 on February 14, 2020, around 14:42, at the 347 kilometers near the central highway located in the airspace of the Gangseo-gun, and was snicking from D in the circumstances belonging to the Gangwon Provincial Police Agency, the patrol team of the Highway, and had a large color; (b) as a result of the confirmation of CCTV of the above expressway, there was considerable reason to recognize that the Defendant was driven while under the influence of alcohol, the Defendant was in the influence of alcohol for about four minutes from around 15:26 to around 15:45 of the same day, and was demanded to comply with the drinking alcohol measurement by inserting the drinking measuring instrument four times in total.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Accordingly, the defendant violated the prohibition of drinking driving and drinking refusal to measure drinking more than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to inquire about the accused's legal statement, his/her circumstantial statement, investigation report, report on 112 reported cases, internal investigation report (12 reported cases), investigation report (in case of dispatch to the site), investigation report (in case of CCTV analysis in 353K between 2 and 353 Korea Road Corporation), criminal records, etc., and criminal investigation report (in case of refusal to measure musical records, video analysis), investigation confirmation (in case of confirmation of the same type of suspect records);

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 on the stay of execution (including the fact that the defendant appears to have a confession and reflective attitude, and that there is a family member to support);