A defendant shall be punished by imprisonment for two years.

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 August 19, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on November 7, 2017, the same court received a summary order of KRW 3.5 million as a fine for the same crime.

The Defendant, around 05:15 on August 12, 2019, is driving a DNS car while drinking alcohol on the roads around Seo-gu Daejeon, Seo-gu, Daejeon.

On the other hand, there was considerable reason to recognize that a person was driven while making a long stop before the access road to the above church, and after receiving a report at around 06:05 on the same day, from the Daejeon Western Police Station E District Police Station E District G, and from the slope G, and from the defendant, he/she was required to comply with the alcohol measurement by inserting approximately 20 minutes of the alcohol measuring instrument in a breathy manner.

However, the defendant did not comply with a police officer's request for alcohol testing without a justifiable reason by avoiding the measurement that he/she refuses to take a sobage test because he/she moveded or parked a short distance.

Accordingly, even though the Defendant violated the prohibition of drinking driving twice, he did not comply with a police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report of the occurrence of the case, notification of the results of the regulation of drinking driving and control, report of the situation of drinking drivers, investigation report and notification to the department concerned with the report of the 112 case;

1. Inquiry into the enemy;

1. On-site photographs and CCTV video CDs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same type of summary order), and the application of a copy of statutes of the summary order;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Act) is highly likely to commit a violation of the Road Traffic Act (Article 62 (1) of the Act).