A defendant shall be punished by imprisonment for a term of one year and three 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 October 24, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act, and on May 22, 2019, a summary order of KRW 4 million was issued by the same court as the same crime.

【Criminal Facts】

On January 11, 2020, the Defendant was required to comply with a drinking test by inserting the breath in the underground parking lot located in Suwon-gu, Suwon-si, Suwon-si, the Defendant, at around 01:47, at around 01:47, when driving the cM6 vehicle under the influence of alcohol, and the Defendant was required to comply with a drinking test by means of inserting the breath in the breath of the police box affiliated with the police box of the Suwon-nam Police Station D, Suwon-nam Police Station, the Defendant, while driving the cM6 vehicle under the influence of alcohol, on the face of the Defendant, and confirmed that he was a drinking-free driver, making the breath of the breath, making the breath of the breath, and making the b

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The control results of drinking-driving, the report on the circumstantial statement of a drinking driver, the investigation report (the report on the circumstances of the drinking-driving driver), and the report on internal investigation;

1. Records before judgment: Criminal records, etc. inquiry inquiry reports and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on probation;

1. The Defendant committed the instant crime of refusing a police officer’s demand for alcohol alcohol measurement, despite the fact that the Defendant had been punished twice due to drinking driving as stated in its reasoning for sentencing of Article 62-2 of the Criminal Act, is disadvantageous to the Defendant.

On the other hand, however, it is.