A defendant shall be punished by imprisonment for one year.

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

[criminal power] On December 6, 2006, the defendant was issued a summary order of 2 million won as a crime of violation of the Road Traffic Act by the Busan District Court on December 6, 2006, and on November 19, 2009, the defendant was sentenced to a fine of 1.5 million won by the Busan District Court on November 19, 2009.

【Criminal Facts】

On January 24, 2020, at around 23:36, the Defendant was required to comply with a drinking test by inserting alcohol in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, in a drunken ecological park in Busan, from the parking lot to the parking lot in Busan, the vehicle for drinking drinking was driven by the police station D District trigram Act No. 2, which was called for after receiving a report of drinking-related vehicle, the Defendant was under the influence of drinking. The Defendant was required to comply with the drinking test by inserting alcohol in a drinking measuring instrument.

Nevertheless, the defendant did not take a measurement because he did not drive, and did not comply with a police officer's request for a alcohol measurement by avoiding a alcohol measurement.

As a result, the defendant did not comply with a police officer's request for measurement of alcohol at least twice in violation of Article 44 (1) or (2) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which 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 under Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished three times due to drunk driving, but his/her drinking driving is concealed.