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] The Defendant was issued a summary order of KRW 1.5 million on May 1, 2014 by committing a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 1, 2014.

【Criminal Facts】

On November 27, 2019, around 21:35, the Defendant: (a) while driving a CMW car in front of the Gangwon-gun B, the Defendant requested that the Defendant comply with the alcohol alcohol test by inserting it into a drinking measuring instrument in a manner of breathing it, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a red, large distance, etc., from the head of the border belonging to the D District Station of the Bupyeong-gu Police Station D District, which caused a traffic accident and received a report. However, the Defendant refused it three times from 21:25 to 21:41 on the same day, and did not comply with the alcohol test by a police official without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Traffic accident report, on-site photograph, notification of the results of the regulation of drinking driving, investigation report, circumstantial statement of a drinking driver, report on the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, internal investigation report, etc.;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to a copy of the same type of judgment) and other Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The defendant who made a decision on a sentence did not comply with the measurement of drinking without justifiable grounds;

On May 1, 2014, the Defendant was punished by a fine not exceeding 1.5 million won due to a drunk driving on July 4, 2014, and a fine not exceeding one million won due to a unlicensed driving on July 4, 2014.