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

1. The Defendant’s criminal records are those who received a summary order of a fine of one million won from the Incheon District Court on May 15, 2013 due to a violation of the Road Traffic Act, and seven million won from the Suwon District Court’s Ansan Branch on June 1, 2016 to a fine of seven million won due to a violation of the Road Traffic Act.

2. Criminal facts;

A. On August 26, 2019, at around 02:06, the Defendant is under the influence of alcohol on the road front of the C convenience store in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

Since there are reasonable grounds to believe that the defendant was driven under the influence of alcohol, such as a red string and face color, the defendant was requested to take a drinking test from the Ethman of the Incheon Gyeyang Police Station, the control police officer.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobage measurement throughout several times from 02:08 to 02:21 on the same day without justifiable grounds.

B. In addition, the Defendant, while under the influence of alcohol at around 07:35 on September 12, 2019, driven a d horse in the section of approximately two kilometers from the roads near the Seo-gu Incheon Metropolitan City Cheongdong to the roads near the Bupyeong-gu Incheon Bupyeong-gu 253, Bupyeong-gu, Bupyeong-gu, Incheon, with a blood alcohol content of 0.085%.

In this way, the defendant was driving two times or more while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver), report on internal accidents in violation of the Road Traffic Act (Refusal of noise measurement), and manual of crackdown; and

1. Inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, each of which is applicable to the crime and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. The Criminal Act, the suspension of execution;