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 March 18, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court on March 18, 201.

On September 11, 2020, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling alcohol to the Defendant and snicking on the face of a police box affiliated with F, which was called out after receiving a report of 112 driving of drinking immediately after the Defendant driven the D 2 cargo vehicle in front of the C cafeteria located in Seosan City, Seosan City, B at around September 22, 2020.

For about 27 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant refused to put in a drinking measuring instrument, and did not measure it.

The police officer did not comply with a request for measurement of drinking without any justifiable reason after avoiding this.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the measuring of drinking alcohol;

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Relevant Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;

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 suspended execution;

1. In full view of the criminal records of the defendant's like crime, the circumstances of driving and distance, the circumstances of refusing to measure drinking, etc., and all the conditions of sentencing including the defendant's age, sex behavior and environment, etc., the punishment as ordered shall be determined as per Disposition.