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

[criminal power] The defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) in the Changwon District Court's assistance on February 6, 2014 and three times the previous years of punishment for the same crime in addition to the suspended sentence of two years.

【Criminal Facts】

On December 18, 2019, at around 22:50, the Defendant had reasonable grounds to suspect that the Defendant driven a C-on-road in the influence of alcohol, such as the Defendant’s smelling, smelling, drinking alcohol, and drinking alcohol reaction, etc., on the front of the St-on-Road B, and accordingly, the Defendant failed to comply with a drinking test without justifiable grounds, even though he/she was required to comply with the demand for a drinking test by inserting the circumstances to which the D-On-Road of the C-on-Road Police Station belongs, from around 23:15 the same day to 23:15 of the same day.

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. Violation of the Road Traffic Act (Refusal of measurement), report on detection of suspects, notification of the results of the control of drinking driving, report on the situation of a drinking driver, investigation report (report on the circumstantial statement of a drinking driver), investigation report (report on refusal of measurement), and field photograph;

1. Criminal records: Application of criminal records, reply reports, and investigation reports (verification of the same kind of force)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation, community service, or order to attend the course of sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been subject to punishment for drunk driving, the defendant has committed a second offense, and the defendant has failed to comply with a drinking test: Provided, That the defendant shows an attitude to reflect his depth on the crime, and other circumstances, such as age, character, character, occupation