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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 15, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Chang Branch on December 15, 2006.

[2] On July 15, 2020, Defendant 1: (a) was a person who had the record of violating the duty of prohibition of driving under the influence of alcohol as above and caused an accident where Defendant 1 parked a D low-priced car at the front parking lot located in the Gyeongnam-gun, Seoul Special Self-Governing Province on July 15, 2020, and caused an accident where Defendant 1 contacted FK7’s rear part of E’s vehicle in the front license plate.

At around 01:20 on the same day, the Defendant: “A person who drinks a vehicle.”

“A person who was driven under the influence of alcohol by a police officer belonging to G Ha who was dispatched to the site after receiving a report on 112 of the content thereof, while under the influence of alcohol, such as a redlight on the face of the defendant and a stoke

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refuses to take a drinking test.

I have the honor to deny this itself.

The drinking itself is denied.

“The police officer did not comply with a police officer’s request for a measurement of drinking without justifiable grounds by explicitly expressing his/her intention to refuse to measure drinking.”

Summary of Evidence

1. Report on the occurrence of legal statements by defendants, report on the occurrence of traffic accidents, report on the results of crackdown on driving of alcohol, investigation report on the circumstances of drivers of alcohol (Attachment to images taken by a light photographer at the time of refusal to take

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (2) and (1) of the Road Traffic Act, Articles 148-2 (1) and 44 (1) of the same Act concerning the facts constituting an offense, the choice of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and order to provide community service and order to attend lectures: The defendant has been punished for driving under drinking.