A defendant shall be punished by imprisonment for one year.

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 October 21, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 8, 2015, respectively.

At around 14:10 on November 3, 2019, the Defendant stopped the said car in the direction of running ahead of a bus terminal in front of a bus terminal in front of the Chinese restaurant located near a bus intersection located in the city of the government of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city

On November 3, 2019, at the front of the bus terminal, the Defendant failed to comply with a drinking test by inserting approximately 12 minutes in a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Gyeonggi Government Police Station C Zone D with the Gyeonggi Government Police Station, and the Defendant was able to take the breath of alcohol due to the breath of alcohol, etc. on the front of the bus terminal at around November 15:23, 2019, without justifiable grounds.

Accordingly, the defendant refused a request for a drinking driving or a drinking test not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the results of the control of drinking driving, reports on cases reported 112, and reports on internal accidents;

1. Application of inquiry letters, a copy of judgment, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act concerning the crime and the choice of punishment;

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 the grounds of community service and lecture attendance order is not good, and the defendant again commits the crime of this case even though he had a conviction at a time, the defendant committed the crime of this case at intervals of time with the previous conviction, and the age, character and conduct and environment of the defendant, and other motive, means and result of the crime.