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] The defendant was punished for driving under the influence of alcohol in the Changwon District Court on November 27, 2008 by a fine of 1.5 million won for a violation of the Road Traffic Act (driving under the influence of alcohol) at the Jinwon District Court on November 27, 2008.

【Criminal Facts】

On November 9, 2019, at around 00:50, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, and smelling on face from Jinju Police Station E Zone Unit belonging to Jinju Police Station E zone, and from Jinju G, while driving DNA with drinking alcohol in front of the building “C” in Jinju City B.

Nevertheless, the Defendant avoided the so-called so-called so-called a drinking measuring instrument by hand and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on the circumstantial statement, investigation report, internal investigation report, and investigation report (with respect to the circumstances concerning the arrest of a flagrant offender) of a host driver;

1. Previous records of judgment: Criminal records, repeated statements, and application of statutes by a summary order;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking account of the following: (a) the status of the defendant at the time of driving the instant case; (b) the process of detection of the instant crime; and (c) the records of the defendant’s previous punishment;