A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 20, 200, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Incheon District Court’s Branch on August 18, 2010, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on August 18, 201, and on February 24, 2017, a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Incheon Branch on February 24, 2017.

【Criminal Facts】

Around 09:00 on August 1, 2020, the Defendant driven a Dmecin vehicle in drinking condition at D on August 1, 2020. The Defendant rejected the Defendant’s demand to comply with a drinking test by inserting the breath of a drinking measuring instrument four times from around 09:42 to 09:57 on the same day, on the ground that there were reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s rhythm from F, who was dispatched to the site after receiving a 112 report on the said driving. The Defendant rejected the demand to comply with the drinking test by inserting the breath of a drinking measuring instrument, from around 09:42 to

As a result, the Defendant violated the prohibition of drinking driving and refusal to measure drinking more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement, the report on the situation of a drinking driver's oral statement, and the report on the video CD-making before and after the crime was committed as a result of the crackdown on drunk driving (with respect to refusal of a personal arrest certificate and a physical confirmation certificate);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order issued on the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 records and arguments of this case, including the following circumstances and the defendant's age, character and behavior, family environment, motive, means and consequence of the crime, and the circumstances after the crime, under Article 62-2 of the Criminal Code of the community service order.