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

On April 10, 2009, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court on April 10, 2009, and a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) from the same court on January 19, 2018, respectively.

As above, the Defendant has been punished twice as a crime of violation of the Road Traffic Act.

On December 13, 2019, at around 02:07, the Defendant was asked to deduct the vehicle from the adjacent resident to the parking lot, and run the vehicle at approximately two meters at the same place at the same time.

Around 02:34 on the same day, the Defendant received 112 report from a police officer who was dispatched to the site at the same time, stating that “the Defendant has prevented access to a parking lot with a vehicle, and driving under influence of alcohol,” and received a request to comply with a drinking test by inserting rebreath in a drinking measuring instrument, on the ground that there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as a certain big distance, and thus, the Defendant refused to comply with a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the survey of the status of running a motor vehicle on the actual state of the motor vehicle and a report on the survey of the status of his/her driver (CCTV, etc.);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (Attachment to the same summary order);

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

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

1. Article 62 (1) of the Criminal Act;

1. The Defendant, even before the reason for sentencing under Article 62-2 of the Criminal Act, did not comply with the demand for alcohol measurement even though he had been punished for drunk driving or unlicensed driving.