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 August 8, 2018, the Defendant was issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court.

【Criminal Facts】

On January 24, 2020, at around 03:02, the Defendant: (a) driven a car in front of the building C on the road in Bupyeong-si B on January 24, 202; (b) was demanded to comply with the measurement of alcohol by inserting three times the alcohol measuring instruments in a manner of inserting it into a drinking measuring instrument on three occasions on reasonable grounds to recognize that the Defendant driven the car under the influence of alcohol by smelling, sniffing, gnifating, and driving the car from D, a policeman belonging to the Busan High Police Station, which is under the influence of drinking.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Report on the results of the drinking driving control and the use register of a drinking measuring instrument;

1. Control photographs;

1. Registers of driver's licenses, and car4;

1. As to the report of internal investigation (as to the refusal of measurement of alcoholic beverages)

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

1. Previous convictions indicated in judgment: Criminal records, investigation reports (written confirmations before and after the driving), and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, and Article 148-2 (1) and (2) of the Road Traffic Act, and choice of imprisonment for a crime;

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 on probation and order to attend a meeting is as follows: (a) the Defendant was sentenced to a fine of KRW 700,00 for a drunk driving in 2008 and a fine of KRW 1.5 million for a drunk driving in 2018; (b) and (c) the risk of repeating the instant crime is high; and (c) the Defendant committed a crime in light of the applicable law, consequence, etc. of the instant crime, such as refusing to take a drinking test