A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 13, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 4 million for the same crime in the same court on July 18, 2013, respectively.

The defendant is a person who is engaged in driving Obane.

On September 23, 2020, the Defendant driven a vehicle while under the influence of alcohol by the Defendant, such as drinking alcohol reduction from D, a police officer belonging to the police department C belonging to the Heung-gu Police Station C, which was under the influence of drinking on the road located in the Singu-dong 403, Singu-dong 403.

Despite the fact that there is a considerable reason to suspect that the police officer's demand to respond to the alcohol measurement by inserting the breath measuring instrument, the police officer's demand for the alcohol measurement was refused without any justifiable reason.

Accordingly, the Defendant violated the prohibition of drinking driving and drinking refusal measurement more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), inquiry into the results of crackdown on the driving of alcohol, the register of breath measuring instruments using alcohol, or the photograph by cutting down the fath camp in the field;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same criminal records and confirmation of the suspect);

1. Relevant legal provisions and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment (three times the record of drinking), and the choice of punishment (three times the record of drinking);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that several years have elapsed since the past year and that there was no record of punishment exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;