A defendant shall be punished by imprisonment for one year.

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

On November 14, 2017, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act by the District Court of Jung-gu.

On December 30, 2019, the Defendant, while drinking alcohol around 00:43 on December 30, 2019, driven the volume of Category C rocketing car at the front of the mutually incompanionivity in Yangju-si, to the front of B in order to the front of the Government. The Defendant reported this to the Defendant 112.

Accordingly, the Gyeonggi Government Police Station D District E, etc. called to the site, and the defendant was under the influence of alcohol, so that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the influence of alcohol by a drinking reduction, face is red, and the defendant was under the influence of alcohol, and the defendant was required to respond to the drinking measurement by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with the demand for a so-called drinking test from 00:45 on December 30, 2019 to 01:03 on three occasions without justifiable grounds.

Accordingly, the defendant was driving a drinking or refusing to comply with the demand for a drinking test not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, report on the circumstances of an acquisition-off driver, report on the circumstantial statement of an acquisition-off driver, report on the status of the running-off driver, and investigation reports (report on the circumstances of an acquisition-off driver);

1. Reference letters, investigative reports (verification of the history of sound driving), and the application of a copy of judgment statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the crime of this case is not good, the defendant again commits the crime of this case even though he had a previous record of drunk driving, the fact that the defendant's previous record of drunk driving is the recent criminal record, and the age, character, character and environment, motive, means and consequence of the crime, and thereafter.