A defendant shall be punished by imprisonment for not less than one year and six months.

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 December 15, 2008, the defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the general military court of the Army Capital Group on December 15, 2008, and a fine of KRW 5 million to a fine at the Suwon District Court on October 11, 2017.

On October 8, 2019, at around 02:19, the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument four minutes from around 02:19 to 02:36, on the same day, while there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, smelling, sniffing, sniffing, and showing an reaction to the drinking reduction in the drinking, from C around the Hannam Police Station B of the Suwonnam Police Station at the Suwonnam Police Station where the drinking control was conducted, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Notification of the control of drinking driving;

1. Related photographs;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has the history of being punished for drunk driving, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the defendant was also able to easily access the aforementioned circumstances through the media, etc., and the defendant was engaged in drinking driving without any delay, and the police officer's demand for the measurement of drinking alcohol is not easy, and the nature of the crime is high, and there is a need for severe punishment.

However, the defendant recognized the crime of this case and made his mistake.