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 January 11, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and on April 26, 2013, the Defendant was sentenced to a fine of KRW 7 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court.

On February 21, 2020, at around 21:33, the Defendant discovered that the Defendant was driven while under the influence of alcohol, such as drening the Defendant, snicking, snicking, snicking, snicking, snicking, snicking, snicking, snicking, and snicking, snicking, snicking, snicking, etc., of the Seoul Gwangjin-gu, Seoul Special Metropolitan City B Building, and 112 reported on the 112th of the vehicle, and snicking, the Defendant was demanded three times from around 21:48 to around 22:00 of the same day to comply with a drinking test by inserting, snicking, snicking, snicking,

Nevertheless, the defendant alleged that he did not drink, and refused to take a alcohol test, and failed to comply with a police officer's request for a alcohol test without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employer, investigation report, and control manual;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) and (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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant shall have a record of being punished three times by a fine due to drunk driving; the circumstances favorable to the defendant;