A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 27, 2009, the Defendant was sentenced to a fine of 2 million won for the violation of the Road Traffic Act (driving) at the Gwangju District Court on February 24, 201 and a summary order of 5 million won for the same crime, etc. at the Busan District Court on February 24, 2011; on February 10, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same crime; on December 7, 2017, the Defendant was sentenced to a suspended sentence of 8 months for the same crime; and on May 28, 2018, the execution of the sentence was terminated.

【Criminal Facts】

The Defendant, at around 19:30 on September 13, 2019, was requested to comply with a drinking test by inserting alcohol in the method of putting alcohol in the total of three minutes from around 19:35 to 15 minutes on the same day from C, who was a police official belonging to the Jeonnam Heungan Police Station, and was requested to comply with a drinking test by making it impossible to comply with the demand for a drinking test by a police official without justifiable grounds, even though the Defendant refused to comply with the demand for a drinking test without a justifiable reason, in the front of a mountain intersection located in 2576-11, in front of the mountain intersection of the 2576-11, in a state of drinking alcohol.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driving, and notification of the results of crackdown on drinking;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (recognating repeated crimes, previous records, attachment of judgments, and expiry of term of punishment);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the criminal records as stated in the judgment, and the defendant has already been punished several times for the same kind of crime, among which they include the penalty.