A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 14, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daejeon District Court's Incheon District Court's branch on November 14, 201, and on February 20, 2014, the above court was sentenced to 10 months of imprisonment and 2 years of suspended execution.

【Criminal Facts】

On November 9, 2019, at around 23:50, the Defendant received 112 reports to the effect that the drinking is doubtful while driving a motor vehicle of a “C” restaurant in front of the “C” restaurant in the Western-gu, Western-gu, Seocheon-gu, Seocheon-gu, the Defendant was required to comply with the drinking test by inserting the breath in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant driven the motor vehicle under the influence of alcohol, such as drinking, smelling, rhhhhhhhhhhhhhhhhh, and hhhhhhhhhhhhhn from F in the process of drinking.

Although the Defendant considered “A” but the above F was demanded to comply with a re-breath alcohol test, the Defendant expressed his/her explicit intent to refuse a drinking test, such as “I will not refuse it,” and did not comply with a police officer’s demand for a drinking test without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a control site photograph, notification of the results of the drinking driving control, report on the status of drinking drivers, and the ledger of use of drinking measuring instruments;

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. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect his/her mistake.

There was no accident.

However, refusal of drinking alcohol measurement is difficult to prove and punish a high risk of drinking driving and public authority.