A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 27, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daejeon District Court’s collegiate mountain support on September 27, 2013, and was sentenced to imprisonment for six months in the same court on April 18, 2017, and completed the execution of the sentence on February 8, 2018.

【Criminal Facts】

On December 26, 2019, at around 01:30, the Defendant was required to comply with a drinking test by inserting alcohol in total three times from the time to 02:06 of the same day by inserting alcohol into a drinking measuring instrument, while driving a motor vehicle in approximately 3 km section from the front of the road located in Seosan City to E in front of the road located in Seosan City.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath in a drinking measuring instrument, without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement in court to I, J and K each police statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to the acceptance status of each individual, including criminal records of the statement report on the home-employed driver;

1. Article 148-2(1), Article 44(1), and Article 44(2) of the Road Traffic Act of which punishment is chosen for a crime and Article 53 and Article 55(1)3 of the Criminal Act among repeated offenders, the reason for sentencing of Article 35(1)3 of the Criminal Act appears to be that the defendant is aware of his/her mistake and reflects it, and a traffic accident was not occurred in the course of drunk driving.

However, the defendant is judged.