A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On April 4, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

The Defendant, at around 00:30 on March 21, 2020, had reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking, smelling, drinking, breathing, drinking, and drinking distance, etc. on the roads in front of the C District District, the Police Officers D, etc. belonging to the C District Group, etc., and was demanded to comply with the request for the measurement of alcohol by inserting three times of drinking measuring instruments over about 10 minutes from around 00:52 of the same day to around 01:02. However, the Defendant refused such request without justifiable grounds and failed to comply with the police officer’s request for the measurement of alcohol.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Investigation report by the accused on his legal statement (Refusal of drinking or measuring in violation of the Road Traffic Act);

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of one copy of criminal records and a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be selected by taking into account the fact that there are many records of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, the number of criminal records are many, and the crime is committed without being aware of even though it is a period of probation of imprisonment due to assault crime;

However, after 2008, considering the favorable circumstances in which there are no criminal records of the same kind, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant's age, social living relationship, circumstances before and after the crime, etc., and all the sentencing factors in the process of investigation and trial, and the execution thereof shall be suspended and probation shall be added.