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 January 10, 2012, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sungnam branch on January 10, 2012, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the same court on July 9, 2014, and on January 10, 2017, the Defendant was sentenced to a suspended sentence of 2 years for a period of 10 months.

The Defendant, around 05:00 on November 9, 2019, is driving a D car under the influence of alcohol in approximately 3 km section from the French city culture to the front roads in the Gyeonggi-si city, Gwangju-si.

Even though there are reasonable grounds to recognize that a person was driven under the influence of alcohol by drinking, such as smelling alcohol by the superintendent F and policeman G belonging to the G District of the Gwangju Police Station E District of Gwangju Police Station who was called upon 112 after receiving a 112 report, he was requested to comply with a breath test by inserting the breath in the breath, etc., but he did not comply with a police officer's request for a breath test by inserting the breath in the breath, etc. on the same day, such as refusing the first refusal of the breath, around 05:21 on the same day and around 05:26 on the same day without any justifiable reason until around 05:26 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument;

1. A report on investigation, report on internal investigation and report on investigation results;

1. Each photograph;

1. Notification to a department related to 112 reported cases;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1), 44 (2) and (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62(1) of the Criminal Act (i.e., the most likely to support three children of the defendant, etc.) 1.