A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On March 14, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court racing support.

【Criminal Facts】

On April 1, 2020, at around 11:55, the Defendant: (a) while driving a c c cafeteria in front of the C cafeteria in Yongcheon-si B, a traffic accident occurred while drinking; (b) the Defendant received the report of the said traffic accident; and (c) as a result, from the F of the police box affiliated with the Youngcheon Police Station Ecomptation called at the site, the Defendant was found to have driven under the influence of alcohol, such as a dacting red, rhyming, red coloring, etc. on both sides of the light, and was demanded to comply with the drinking test by inserting it into the drinking measuring machine three minutes over about 10 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s request for a drinking test without a justifiable reason by avoiding it by means of drinking as soon as possible, etc., without standing or entering the breath of a drinking measuring instrument.

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

Summary of Evidence

1. Criminal records, previous records, previous records, and criminal investigation reports (in relation to the refusal of drinking alcohol measurement), concerning the accused's partial statement in court, the police investigation records of suspect interrogation records, records of field photographs, records of the control of drinking alcohol driving, reports on the results of the supervision of drinking driving, and records of criminal investigation reports (in relation to the situation of refusal of drinking alcohol measurement): The application of criminal records, investigation reports (the confirmation of previous records of the same kind);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) 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 criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the circumstances leading to the crime of this case, and the measurement of drinking.