A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 2, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court on September 2, 2008. On April 13, 2012, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) from the official capital support of the Daejeon District Court on April 13, 2012.

On July 25, 2020, the Defendant: (a) received a request from a police officer dispatched to the site after receiving a report on 112 and to respond to a alcohol test on the ground that there is a considerable reason to suspect that he/she was driving under the influence of alcohol, such as making a large amount of alcohol and snow snow, but the Defendant refused to take a alcohol test without any justifiable reason and refused to take a alcohol test by a police officer.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the legal statements of the accused, the status of his driving, the report on the state of his driving, and the notification of the results of the influence of drinking;

1. 112. List of reported cases;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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. There are many criminal records with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and in particular, for the last twenty years, three times of punishment for a crime related to drunk driving (one time of suspended sentence of imprisonment and two times of a fine) has been imposed, and in 2012, the person was punished by a fine due to refusal to take a drunk test.

Nevertheless, since the defendant again drives a drinking alcohol again and refused to take a drinking test without justifiable grounds, it is reasonable to sentence a punishment.

The punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing that appear in the course of investigation and trial, such as the age, social living relationship, and circumstances before and after crimes.