A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On August 12, 2009, the Defendant of criminal power was sentenced to imprisonment for eight months and two years of suspension of execution for the crimes of violation of the Road Traffic Act in the Gwangju District Court’s net support on August 12, 2009, and on February 17, 2016, the Defendant was sentenced to eight months of imprisonment for the same crime in the same court, etc. and the judgment was finalized on May 5, 2016 by the relevant court, which became final and conclusive on October 18, 2016.

2. 범죄사실 피고인은 2019. 7. 28. 19:20 순천시 B에 있는 C 앞 도로에서 주취운전 의심 112신고를 받고 출동한 순천경찰서 D파출소 소속 경사 E으로부터 술냄새가 나고, 비틀거리며, 말을 더듬는 등 술에 취하여 F 봉고Ⅲ 화물차를 운전을 하였다고 의심할 만한 상당한 이유가 있어 그 무렵부터 5분 간격으로 수회에 걸쳐 음주측정요구를 받았으나 음주측정기의 불대를 입에 물고 호흡을 들이마시거나 부는 시늉만 하는 등의 방법으로 음주측정에 정상적으로 응하지 아니하였으며, 같은 날 19:50 재차 음주측정요구를 받자 명시적인 거부의사를 표시하였다.

As a result, the Defendant did not comply with the alcohol alcohol measurement by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records and other inquiries, two copies of the case information inquiry, one copy of the confinement inquiry, and the application of Acts and subordinate statutes;

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

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated offenders, has had the record of being punished several times for the same kind of crime, and in particular, committed the instant crime during the period of repeated crime due to the same kind of crime.

As such, it seems that the defendant's awareness of drinking driving seems to be significantly lacking, and the severity of traffic accident damage caused by high risk of recidivism and drinking driving of drinking drivers is serious.