A defendant shall be punished by imprisonment for a term of one year and two months.

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 8, 2014, the defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

On May 12, 2020, at around 02:00, the Defendant was driving a F Pacc car at a restaurant D, located in Seosung-gu Daejeon, Daejeon, at approximately 530 meters, from the front of the Hospital D, and parked on the three-lanes of the said road. There are reasonable grounds to recognize the Defendant to have been driving under the influence of alcohol, such as smelling and snicking on the face, and there is a considerable reason to believe that the Defendant was driving under the influence of alcohol. Accordingly, even though the Defendant was demanded from H of the G District of the Daejeon Pacc Police Station G District, which was dispatched after receiving a report of a drunk driving, from around 02:10 to 02:34 on the same day by inserting the drinking measuring instrument four times in total, the Defendant did not comply with a request of a police officer for a drinking test without justifiable grounds.

Summary of Evidence

1. Report on the occurrence of a police suspect examination protocol, report on the internal investigation, report on the circumstantial appearance of a drinking driver, investigation report (report on the circumstantial conditions of a drinking driver), on-site photograph, and photograph of drinking taken by the accused against his/her legal statement;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) and (2) of the Road Traffic Act concerning criminal facts, 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 reason for sentencing of Article 62-2 of the Criminal Code for sentencing of the order to attend a school is that the defendant's act of refusing to take a drinking test even though he was frightened to the extent that he was set up a vehicle while driving on the road at the time of the instant case, the act of refusing to take a drinking test without any justifiable reason is more bad than the case of ordinary drinking driving, and the defendant has the record of being punished for drinking driving as before the judgment of the court: Provided, That the defendant's mistake is recognized, and it is against the law