A defendant shall be punished by imprisonment for a term of one year and two months.

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 October 28, 2005, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam Branch on May 4, 201, a fine of KRW 2 million at the Seoul Southern District Court on the same crime, and a fine of KRW 4 million at the Suwon District Court on February 4, 2015 as the same crime.

On July 10, 2019, the Defendant, as a person who violated the regulations on the prohibition of drinking driving as above, was driving a motor vehicle in D SP on the Busan direction of D SP Highway located in Seocho-gu Seoul, Seocho-gu, Seoul at around 23:25: (a) while driving a motor vehicle in D SPP on the road at 415 km on the Busan direction of D SPP Highway, the Defendant failed to comply with the request of police officers by avoiding the request for a so-called “I will not comply with the request by a police officer without justifiable reason by avoiding the request by means of a refusal, while the Defendant was dispatched after receiving 12 report and recognizing that he was driving under the influence of alcohol, such as smelling, smelling, sniffing on the face, making a red light on the face, making a brush, etc., and making it difficult for the Defendant to take the influence of alcohol without any justifiable reason.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, investigation report (report on the situation of a drinking driver), and photographs concerning refusal to measure drinking;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of three copies of summary order;

1. Relevant Articles 148-2 (1) and 44 (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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is three times, and the driving has not yet passed after drinking, without any special reason or necessity, and the situation at the time is not well memory.