A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

[criminal power] On January 21, 201, the Defendant issued a summary order of KRW 1,00,000 for a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Seoul Southern District Court on February 17, 2012, a summary order of KRW 4,00,000 for the same crime at the Seoul East East District Court on February 17, 201, and a summary order of KRW 5,00,00 for the same crime at the Seoul Southern District Court on December 5, 2013, respectively.

【Criminal Facts】

On March 3, 2020, at around 21:30, the Defendant: (a) driven a car in front of Dongjak-gu Seoul Metropolitan Government as Cnice while drinking on the road; and (b) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a fluence and face, red, and a remote distance, from the circumstances belonging to the D District Unit of the Dongjak-gu Seoul Metropolitan Police Station, called upon receiving a traffic accident report, the Defendant was demanded to comply with the measurement of alcohol by inserting the alcohol measuring instrument in total three times from around 21:50 of the same day to around 22:07.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

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

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A survey report on actual condition and a control manual;

1. Notification of the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, and the record of the measurement of drinking;

1. Accident video and photograph CD;

1. Each investigation report (with respect to the report on the circumstances of a drinking driver and the time record for measuring the drinking);

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect-a-Attachment of judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Criminal Act for orders to provide community service and attend lectures;