A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 5, 2008, the Defendant was issued a summary order of KRW 3.5 million with a fine for a crime of violating the Road Traffic Act (drinking driving) at the District Court on March 5, 2008.

On October 8, 2020, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Road Traffic Act at the Seoul Southern District Court on October 8, 202, and the said judgment became final and conclusive on October 16, 2020.

On May 21, 2020, the Defendant was reported on May 21, 2020 01:03, and 112, while driving D's franchise vehicle on the front of the Dong-si apartment C-dong apartment parking lot, the Defendant was suspected of driving under drinking.

The Defendant driven a vehicle while under the influence of alcohol due to smelling, a little string, a little string, the string of which is unbreast, etc.

If there are reasonable grounds to suspect that there is a significant reason, it is demanded to respond to the measurement of drinking in such a way as to put the vehicle into a drinking measuring instrument after stopping the vehicle from F in the situation of the E District of the Pocheon Police Station called upon receiving the above report, but it is not required to take a measurement.

The police officer did not comply with a police officer's request for alcohol testing without a justifiable reason explicitly refusing to refuse it.

Accordingly, the Defendant violated the regulations on prohibition of drinking driving and the duty of police officers to respond to the measurement of drinking alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the circumstances of the driver's license in the main place and report on the situation of the driver's license in the main place;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (the same type of crime), a copy of the judgment (the Seoul Southern District Court 2020 order 2547 order) and the application of significant Acts and subordinate statutes to this court;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act shall be the defendant in 2008.