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 August 27, 2014, the Defendant received a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

On March 9, 2020, at around 22:46, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument, on the grounds that there are justifiable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the h, slope I, and the Defendant’s snow breath, and that he was able to recognize that he was driven under the influence of alcohol, and that he was driven under the influence of alcohol, such as an inaccurate distance, and that he was driven under the influence of alcohol in the direction of approximately 1.5 km from the front of the road in the city of Nowon-gu, Seoul, and the front road in D to the front road in D.

Nevertheless, the defendant explicitly stated that "I will refuse to take a drinking test," and the defendant did not comply with a police officer's request for a drinking test 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. Investigation reports and investigation reports;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports (attached to summary orders for sound driving);

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

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

1. The sentencing grounds of Article 62-2 of the Criminal Act, including probation, community service, and order to attend lectures, the degree of drinking, driving distance, circumstances in which the defendant was driving, the circumstances in which the defendant was driving, the status of the defendant at the time of driving, and the records of punishment of the defendant, shall be determined by taking into account all the sentencing conditions as shown in the records