A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 11, 2006, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a crime of violating road traffic law (drinking driving), KRW 2 million with the same crime at the Seoul Central District Court on April 28, 2008, and KRW 5 million with a fine of KRW 2 million with the Seoul Northern District Court on January 29, 2018, respectively.

On March 29, 2020, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol by the Defendant, while driving a motor vehicle with C low-priced pact under the influence of alcohol in Gwangju City on March 29, 2020, after receiving a report from the head of the police box affiliated with the police box called the Defendant, while driving the motor vehicle under the influence of alcohol, by drinking from the head of the police box affiliated with the police box to the head of the police box to which the Defendant was called.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

As such, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. A witness F of the defendant's partial legal statement, a report on the occurrence of his/her legal statement in F, E (Refusal of measurement), a report on the occurrence of internal investigation (on-site conditions), a report on the circumstances of the driver in charge, an investigation report (report on the circumstances of the driver in charge), a notification on the results of regulating the driving of alcohol, a ledger for measurement of drinking, an accident scene photograph, and a report

1. On-site police officers' ID campaigns (videos rejected to measure), and saf campaigns;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Adjustment of the past records of the same type of crime);

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Summary of the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act.