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 September 20, 201, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On November 5, 2019, at around 01:25, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath in a drinking measuring instrument, in light of the reporter’s report, on the following grounds: (a) there is a reasonable ground to recognize that the Defendant was driven under the influence of alcohol in light of the reporter’s notification, and (b) there is a considerable reason to believe that the Defendant was driven under the influence of alcohol in light of the content of the reporter’s notification, in the “marsan-dong public parking lot” located in the 124 Sinsan-dong, Sinsan-si, 124.

Nevertheless, the Defendant explicitly avoided the requirement of a police officer to take a alcohol test without justifiable grounds, such as “A person driving a vehicle at a parking lot or driving a vehicle at a parking lot is not a road, and thus is not a drunk driving.”

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. Legal statement of witness D;

1. Reports on internal investigation and investigation reports (the current status, etc. of the request for the measurement of alcoholic beverages);

1. Images taken when crackdowns on on-site CCTV CDs or on-site police officers;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Records of judgment: Application of each of the Acts and subordinate statutes of one copy of the statement on criminal records, and the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) 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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking and drinking alcohol, has not complied with the measurement of drinking alcohol by police officers.