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 February 16, 2007, the defendant was sentenced to a suspended sentence of two years for the five-month imprisonment with labor for a violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch.

On March 26, 2020, the Defendant was demanded to respond to the measurement of drinking in a manner of inserting alcohol into four minutes from around 21:31 to 21:46 on the same day, on the following day: (a) there is a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as a string of alcohol on the front side in Ansan-gu, Annsan-si, Annsan-si; (b) from the E District Guard F of the Ansan Police Station E District of the Ansan-gu, Annsan-si; and (c) the Defendant was able to recognize that the Defendant was able to have bread and bread while driving Done Star Motor Vehicles on the front side in a drunken-gu, Annsan-si, Annsan-si.

Nevertheless, the defendant refused to measure. It refers to what is why you need to measure, and why we need to measure, etc., and the defendant refused to comply with a police officer's request for a drinking test without a justifiable reason.

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

Summary of Evidence

1. A written confirmation and G statements of the defendant;

1. Reports on occurrence of traffic accidents, reports on circumstantial statements of drivers, and notification of the results of the control of drinking driving;

1. Report and investigation report on a suspect's refusal to take a drinking test, field photo, suspect's refusal to take a drinking, image of refusal to take a drinking test;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report on results of confirmation before the disposition, results of confirmation of the same kind of power), and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The same punishment power under Article 62(1) of the Criminal Act is relatively old.

In other words, there is a wrong recognition and contradiction.

Other circumstances, such as age, character and conduct, and circumstances before and after crimes.