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] On October 21, 2019, the Defendant was issued a summary order of KRW 10 million as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on October 21, 2019.

【Criminal Facts】

On September 28, 2019, the Defendant: (a) around 03:58 on September 28, 2019, at the hotel B hotel parking lot of the Gyeonggi City, the Defendant: (b) had reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s heavy distance, face, red, and breath of snow, and he was demanded to comply with a drinking test three times from 04:32 on the same day to 04:50 on the same day; (c) while avoiding a drinking test, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds by avoiding a drinking test while avoiding a drinking test.

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. The circumstantial statement of a drinking driver, investigation report (report on the status of a drinking driver), notification of the results of crackdown on drinking driving, site photographs, and photographs;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the time interval between the crime of drinking alcohol driving and the crime of refusing to measure drinking alcohol in this case.