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 September 28, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 22:24 January 14, 2020, the Defendant: (a) expressed his explicit refusal to take a drinking test, and failed to comply with the drinking test without justifiable grounds, despite the Defendant’s demand on February 14, 2020 and twice on February 22:47 of the same day, to comply with the drinking test, even though there exist reasonable grounds for recognizing that the Defendant was making a drinking, such as snow-free snow-free and snow-free and snow-free shocking from D the border of the C District, which was called out after receiving a report on 112 alcohol driving in front of the Seongdong-gu Seoul Metropolitan Government building, and being called out after receiving a report on 112 alcohol driving.

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. Making a report on the control of drinking driving;

1. 112 Report processing statement and control manual;

1. Investigation report (Report on the status of an employee), and report on the status of an employee, status of an employee, and statement;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. The sentencing criteria are not set. 3. The crime of this case is a case where the defendant refused to measure alcohol despite the fact that the defendant was punished for driving under the influence of alcohol, and the defendant's liability is not minor.

However, the defendant stated that all the charges are recognized and against the defendant, the defendant has no penalty, and the defendant has two children, etc. are favorable to the defendant.