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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 20, 201, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on November 13, 201, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (Refusal of Drinking Measures) at the same court on November 13, 201, and on May 27, 201, the same court issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving Measures) at the same court on May 27, 2016, respectively.

【Criminal Facts】

On July 16, 2020: (a) the Defendant was requested to take a alcohol test by a respiratory measuring instrument on the back of the “D” in front of the Jinju-si at the time of Jinju-si, a police officer F belonging to the Gyeongnam Police Station E-gu, Seoul Special Self-Governing Zone E-gu, Seoul Special Self-Governing Police Station, to take a alcohol test on the front of the “D” and to take a alcohol test on the front of the “D” on the back of Jinju-si, and to take a suspicion of drinking, and to take a alcohol test on the front of the “D”, and the Defendant did not comply with the request of a police officer for a alcohol test without justifiable grounds, by expressing the intention of refusal to take a alcohol test and expressing the Defendant’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement and investigation report of a host driver (No. 4 and 11 No. 11);

1. On-site photographs and control pages video CDs;

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power), criminal records, and inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (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. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, despite the fact that the defendant had been punished several times for drinking driving, and that the defendant again committed the crime of this case, and that the nature of the crime is disadvantageous in light of the content of the crime.

(b).