A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 18, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on March 18, 2017. On April 24, 2020, the Defendant was sentenced to imprisonment with prison labor for one year for a public performance and two years for a suspended execution, and the judgment became final and conclusive on April 30, 2020.

【Criminal Facts】

On December 21, 2019, at around 23:10, the Defendant, from the Do in the front of Gangnam-si B, driven the Defendant’s wife F Glearning car in the state of under influence of blood alcohol concentration at approximately 9.6km in the section of approximately 9.6km in front of the D apartment E-dong, and around that time, the Defendant was discovered to the Gangseo Police Station H Zone I working slope in the Gangnam Police Station called upon receiving a report from 112 that “the Defendant is suspected of drinking” on the front of D apartment E-dong.

The Defendant, when there exist reasonable grounds to suspect that he was driving under the influence of alcohol, such as breathing in a breathous and in an inaccurate state of drinking, etc., the Defendant refused to comply with a police officer’s request for a measurement of drinking at intervals of five minutes by inserting the breath in a breathous measuring instrument three times at intervals of five minutes, even though he was demanded by the police officer to comply with the drinking measurement by inserting the breath of drinking at intervals of five minutes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on internal investigation (Attachment of field photographs), report on internal investigation (statement of a shote), report on internal investigation (the process of refusal of measurement and behavior of a suspected person);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving by a suspect A);

1. Criminal facts;