A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 14, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On March 9, 2020, at around 20:48, the Defendant: (a) driven a DNA cargo vehicle from around 2 km to the road front of the “Sato Eup Administration Welfare Center” in the same Eup/Myeon from the front of the “Satong Eup Administration Welfare Center” in the same Eup/Myeon in the same city, and (b) reported that drinking would be doubtful; (c) from three persons, such as the guard for the police box of the original police station, who called upon receiving a report that drinking would be doubtful; and (d) there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as drinking, smelling, snick, and rhhing the horses from around 21:00 to about 21:18 of the same day, the Defendant was demanded to comply with a drinking test by inserting the drinking measuring machine four minutes during about 18 minutes from around 21:00 to about 21:18 of the same day, but did not comply with

As a result, the defendant did not comply with the police officer's measurement in a situation where there is a considerable reason to recognize that he was under the influence of alcohol even though he had a history of punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site photographs reported as a result of the drinking driving control;

1. Records of judgment: Criminal history records, inquiry report (A), investigation status (Attachment of a report on a case of driving under the same kind of suspect), application of statutes of judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

[Unfavorable circumstances] Driving is a drunk.