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

【Criminal Records of Crimes】 On February 22, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seosan Branch of the Daejeon District Court as well as KRW 2 million for the same crime at the same court on October 26, 2018.

【Criminal Fact-finding on November 22, 2020, the Defendant was driven under the influence of alcohol, such as passing a DNA high-speed car from the front of B at the time when he was under the influence of alcohol at around 01:45 on November 22, 2020 to the roads in front of C at the same time, after receiving a report from 112 that he is suspected of driving alcohol, and driving under the influence of alcohol, such as rhhing the horses by the Defendant from the police officer F of the Chungcheongnam-gu Police Station E District, the Defendant called out and rhinging

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting approximately 10 minutes in a manner that makes the breath of a drinking measuring instrument into a drinking measuring instrument.

Nevertheless, the defendant does not have to drive a vehicle and does not comply with the drinking test.

Does it be why there should be no reason.

The police officer did not comply with a request for a measurement of drinking without a justifiable reason, explicitly expressing his/her intention of refusal to take a measurement by stating that he/she is match d."

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Videos that refuse to measure drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture shows the defendant's attitude of wrong and pening the defendant, and the criminal records, circumstances and circumstances of the crime, and other ages, sex and environment of the defendant, motive, means and result of the crime, after the crime is committed.