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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 8, 2006, at the Seoul Eastern District Court, the Defendant received a summary order of fine of two million won for the crime of violation of the Road Traffic Act, and on August 3, 2018, at the Seosan Branch of the Daejeon District Court, the Defendant received a summary order of fine of five million won for the crime of violation of the Road Traffic Act.

On March 3, 2020, at around 23:05, the Defendant received a 112 report from the police officer E belonging to the Daba-gu Police Station D police box at the Chungcheongnam-gu Police Station D, Chungcheongnam-si, and there were reasonable grounds to recognize the Defendant’s face as driving under the influence of alcohol, such as drinking in red and smelling, and accordingly, was required to comply with the measurement of alcohol by inserting four minutes in a manner of making it difficult for the Defendant to have driven under the influence of alcohol for about 17 minutes.

Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Videos that refuse to measure drinking;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the crime of this case, the records of the defendant, the environment of the defendant, etc.;