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 3, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On June 21, 2020, the Defendant, at around 00:50 on June 21, 2020, driven a D low-speed car while drinking alcohol in Gangnam-gu Seoul, and was exposed to the suspicion of drunk driving at around 01:00 on the same day.

The Defendant did not respond properly to the questions of F of the police box belonging to the Seoul Gangnam Police Station Estation, and did not comply with the demand of a police officer to respond to the drinking test four minutes between around 01:18, 01:23, 01:29, 01:33, and 01:33, and 15 minutes of the same day on the same day, and did not comply with the demand of a police officer to respond to the drinking test at a place where the Defendant was under the influence of alcohol, such as the following: (a) the Defendant did not respond properly to the questions of F, and there are reasonable grounds to recognize that pedestrian customs had driven while drinking, such as stringing red, smelling, and snicking.

As a result, the defendant did not comply with a police officer's request for a alcohol test without any justifiable reason and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the situation of a drinking driver), notification on the results of the control of drinking driving, and video CDs refused to measure;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (Attachment of materials related to criminal records);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driven alcohol without being aware of the history of punishment for drinking alcohol driving, and refuses to measure drinking, and other circumstances, such as driving distance.