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

On June 13, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on February 9, 2015, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

On August 9, 2020, the Defendant was driving a vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, driving a motor vehicle in front of the G High School in F upon receiving a traffic accident report from I on the G High School located in F at around 23:30 on August 9, 2020, while driving a parked freight, while drinking alcohol, and driving the motor vehicle under the influence of alcohol, such as moving the motor vehicle under the influence of alcohol, driving the motor vehicle in front of the G High School in F at around 23:30 on the same day.

Due to reasonable grounds, 23:35 on the same day, the same day was demanded to respond to the measurement of alcohol by inserting rebreath in a measuring instrument.

Nevertheless, the defendant does not measure drinking alcohol.

The term "an intention to refuse to take a drinking test" is expressed, and a police official did not comply with a request for a drinking test without justifiable grounds.

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

Summary of Evidence

1. A statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the reason for refusing to measure drinking;

1. Suppression photographs;

1. Application of attached Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, report on investigation (referring to the same kind of force), and judgment;

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

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. The defendant's records of the same crime, circumstances of driving and distance, the circumstances of refusing to measure drinking, etc. for the reason of sentencing Article 62-2 of the Criminal Act, and the age, sex behavior, environment, etc. of the defendant.