A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On March 4, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on March 4, 2008, and on October 25, 2012, the Defendant has a record of driving a vehicle under the influence of alcohol, such as receiving a summary order of KRW 5 million for the same crime from the same court.

【Criminal Facts】

On October 20, 2019, the Defendant: (a) around 21:30 on October 20, 2019, the Michuhol-gu Incheon building; and (b) “A person driving a drinking” on the road; and (c) the “a person driving a drinking” on the road of Michuhol-gu Incheon Metropolitan City, the Defendant was required to comply with a drinking test for a total of three times from that time to 21:50 of the same day, on the grounds that there are reasonable grounds to recognize that the person driving a drinking while under the influence of alcohol, such as a ballebbing, a bals, face, red, and sound, etc., from a policeman D belonging to the police box of the Incheon Michuhol-gu Police Station:

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds by explicitly refusing and evading the measurement of alcohol while making noise “Arhovah or not,” and thereby refusing to comply with the request for a alcohol test by the Defendant.

As a result, although the defendant had a significant reason to recognize that he had driven a motor vehicle under the influence of alcohol even though he had a history of driving a motor vehicle while under the influence of alcohol, he did not comply with the request for a sobling test without any justifiable reason.

"2019 Highest 9541"

1. Around November 11, 2019, the Defendant was driving a G K5 vehicle while under the influence of alcohol of about 6 km from a section of approximately 0.192% of alcohol concentration from the front of the Michuhol-gu Incheon building B to the road of “F” located in the Namdong-gu Incheon Metropolitan City from the front of the building B in Michuhol-gu, Incheon to the road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drunk driving.

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