A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On April 2, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (dacting driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on April 2, 2013.

[2] On May 14, 2020, the Defendant driven a D's low-pollution car at C cafeteria located in Daegu-gun, Daegu-gun, Daegu-gu, and then driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol at the C cafeteria, and drinking the Defendant’s walking under the influence of alcohol, on the other hand, under the influence of influence of alcohol, from Jincheon-gu, Daegu-gu, Police Station E Gyeong-gu, Seoul-gu, and under the influence of influence of alcohol, on the other hand, when he driven a signal at the N cafeteria of Daegu-gu around 19:25 on the same day.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant is not considered to be "....."

"A police officer did not comply with a police officer's request for a measurement of drinking without justifiable grounds by refusing to put the whole in a drinking measuring instrument while being called "."

Accordingly, the defendant violated the prohibition of drinking driving and refused to take a drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any suspect in violation of traffic laws (Refusal of measurement), reporting on the circumstances of the driver of the vehicle driving, notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes concerning investigation status;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime in spite of the fact that he/she had been punished twice by a fine due to drinking driving, etc., is disadvantageous to him/her.

However, the fact that the defendant confessions the crime of this case and repents the mistake, and exceeds the fine.