A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 30, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on November 30, 2015. On December 3, 2018, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On May 29, 2020, at around 18:05, the Defendant reported that there was a vehicle suspected of drinking at a parking lot in the Suncheon-si B apartment complex, and received a report of 112, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into four minutes in total, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking in the 16-minute B apartment complex, and driving the vehicle after shocking the front vehicle and the vehicle behind the vehicle, and driving the vehicle at the vehicle’s seat in the Hancheon-gu Police Station C District, which was called.

Accordingly, the Defendant refers to “Mamoh,” and did not comply with a police officer’s demand for a drinking test without good cause, such as refusal of measurement.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a actual condition investigation report;

1. On-site photographs of traffic accidents;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to the same type of power), judgment, and application of Acts and subordinate statutes related to summary order;

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. In light of the reason and social risk of drunk driving and the purport of the revision of the Road Traffic Act where the statutory penalty is increased, it is necessary to strictize the act of drunk driving, etc. in light of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing).

In addition, the defendant was sentenced to two years of the suspended sentence for 8 months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act on November 2015, and even thereafter, the defendant was sentenced to two years of the suspended sentence.