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

【Criminal Records of Crimes】 On April 11, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon Friwon.

【Criminal facts】 On September 11, 2020, the Defendant driven an electric motor vehicle owned by D while driving the C bargaining Motor Vehicle on the front side of Taenam-gun, Chungcheongnam-gun, Chungcheongnam-gun on September 11, 2020, and received the aforementioned D-112 report, and operated the motor vehicle under the influence of alcohol, such as the flow of alcohol at the Defendant’s entrance from the police officer F, etc. of the police box affiliated with the police box of the Taeanan Police Station E commander, etc., who called out after receiving the aforementioned D-12 report.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant “Isson measurement, not road, but dint of why the measurement is needed.”

"Absinging to refuse to take measurements, expressing an intention to refuse to take measurements, leaving the scene, etc., and refusing to comply with a police officer's request for measurement of drinking without justifiable grounds."

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a reply letter to inquiry, such as video criminal history, of which drinking alcohol measurement is refused, and statutes on investigation reports (Attachment to drinking alcohol driving force);

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. 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. Details and contents of the crime for sentencing under Article 62-2 of the Criminal Act, the same military record of the defendant, the environment of the defendant, etc.;