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

On December 26, 2013, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On April 6, 2020, at around 22:14, the Defendant: (a) on the front side of the B Apartmentdong in Gwangju Northern-gu, Gwangju Metropolitan City; (b) on the front side of the B Apartment-dong; (c) “I am on the road on which drinking people drive; and (d) I am going to be a B apartment; (b) E is called a vehicle upon receiving a report from G members of the F Zone Zone in the Gwangju Northern Police Station, which called “I am-I am-I am-I am-I am-I am-I am-I am-I am.” As above, the Defendant demanded a drinking test on the ground that there was a reasonable ground to suspect that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, by specifying the details of the report on drinking driving, and smelling the Defendant. However, from around 22:15 to 22:30 on the same day, the Defendant did not comply with the drinking test by means

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Notification of the control of drinking driving;

1. The CD;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (applicable before and after a suspect's drunk driving is reported once);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. According to Article 62(1) of the Criminal Act, the Defendant, on the grounds of suspended sentence, has again committed the instant crime even though he/she was punished as a drunk driving, and the quality of the offense of refusing to take a drunk test is not good, and thus, is sentenced to imprisonment with prison labor for the Defendant.

However, there are some extenuating circumstances in regard of the circumstances in which the defendant was making a drunk driving, and there is time interval between the defendant's previous conviction and the date of the crime in this case.