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

On February 24, 2014, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act (driving) at the Incheon District Court. On December 11, 2017, the Defendant was ordered to suspend indictment for the same crime at the office of the branch office of the original district public prosecutor’s office.

On November 23, 2019, at around 09:15, the Defendant rejected the demand for a breath test based on the breath test on the ground that there are reasonable grounds to recognize that the Defendant had driven a motor vehicle under the influence of alcohol, such as smelling in the entrance from the head of the relevant Daegu Seo-gu Police Station D District Racing Station E, which was dispatched due to a traffic accident that occurred while driving a CA motor vehicle on the front of Seo-gu B, Daegu, Daegu, and speaking in an inaccurate breathr, etc.

As a result, the defendant violated the prohibition of drinking driving, but refused to take a drinking test by a police officer.

Summary of Evidence

1. Report on the occurrence of a traffic accident by a defendant in the court, statement, investigation report (on the spot), investigation report, notification of the results of the crackdown on drinking driving, inquiry report on the actual condition, results of an on-site photograph, and application of Acts and subordinate statutes to a report on investigation (a summary order, etc. of a suspect);

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. The reason for sentencing of Article 62(1) of the Act on the Suspension of Execution and Order to Attend Military Service and Article 62-2 of the Criminal Act is that the Defendant was subject to a disposition of suspension of indictment for drunk driving after being subject to a repeated criminal punishment in 2009 and 2014 (see, e.g., Supreme Court Decision 0.051% of blood alcohol level), but he was diving while drunk driving, and that he was not able to comply with a police officer’s d

However, considering the fact that the defendant appears to repent and reflect his mistake, the sales of the driven vehicle, and the fact that the family and the branch of the defendant want to take the front, the defendant's family and the branch of the defendant.