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 May 12, 200, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, from the Chungcheong District Court on March 27, 2015 to a fine of KRW 1.5 million as the same crime, and from February 24, 2017 to a fine of KRW 3 million as the same crime, respectively.

Criminal facts

On July 13, 2019, at around 22:30 on July 13, 2019, the Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 500 wheeled 4 wheeled 4 wheeled 4 wheeled 500 on several occasions from around 20:00 of the same day to around 22:30 of the same day while under the influence of alcohol such as smelling, smelling by D while the police box was in the front of the Defendant’s residence, and being drunk from D who was assigned the police box to the Defendant, snicking on the face of the Defendant, etc., from around 20:0 of the same day.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath in a drinking measuring instrument, without justifiable grounds.

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. Records of enforcement, each investigation report, notification on the results of the control of drinking driving, and the register of driver's licenses;

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

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose a penalty, and imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Timing, frequency, etc. of the same kind of power);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more)

1. Social service order under Article 62-2 of the Criminal Act;