A defendant shall be punished by imprisonment for one year.

except that 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

【Criminal Power】 In the Sung-nam Branch of Suwon District Court on July 14, 2014, the Defendant had the record of receiving a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On June 20, 2020, the Defendant was required to comply with a drinking test in a manner of injecting the breath in a drinking measuring instrument on the same day, on the grounds that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as inaccurate and red breathing on the face of the Defendant, while driving approximately approximately about 25 km from the 112-meter parking lot located in Suwon-gu, Seoul Metropolitan Government, Geumcheon-gu, to the 2nd underground parking lot of the Geumcheon-gu, Geumcheon-gu, Seoul, Geumcheon-gu, Seoul, Seoul, the Police Station D branch of the Seoul, which was called after receiving a 112-meter report from E to the 2nd underground parking lot of the Geumcheon-gu, Seoul, the Defendant did not comply with a request for a drinking test by a police officer without justifiable grounds. On the same day, at around 01:32, the Defendant rejected the second measurement, around 01:37, and rejected the second measurement at around 01:43.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, a detailed statement of control, an investigation report (report on the circumstances of a drinking driver), a report on the state of a drinking driver's standing, a notice of the results of the regulation of drinking driving, a notice of the drinking control, a record of 112 reported cases, and a

1. Criminal records as stated: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

Defendant.