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

On March 27, 2018, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.

Around 02:20 on July 19, 2020, the Defendant was demanded to respond to the measurement of alcohol by inserting alcohol in a manner that makes it difficult to recognize that the Defendant driven under the influence of alcohol on several occasions, such as drinking, smelling, snicking on face, snicking, drinking, etc., while driving CCA110v wheeling vehicles with alcohol on the front of B at the Southern-si, Namyang-si, a police station affiliated with the Namyangan Police Station, and making it possible to recognize that the Defendant driven under the influence of alcohol.

Nevertheless, the Defendant explicitly refused to comply with a police officer’s request for a alcohol test without justifiable grounds, stating that “I have not driven, I have rejected it.”

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

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report, such as a report on detection, a report on detection, a report on the situation of running a motor vehicle, a criminal investigation report (verification of video of a police officer with a warrant from the escape);

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports (A), dispositions not yet made, and results of confirmation;

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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order commits again the crime of this case even though the defendant had a previous record of drinking driving, the previous record of drinking driving is the most recent, and the crime of this case has the character of refusing to perform his official duties, and the nature of the crime is not good, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration