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

[criminal record] On November 6, 2009, the Defendant issued a summary order of a fine of four million won to the Jeju District Court for a violation of the Road Traffic Act (Refusal of measurement), and on August 14, 2014, the same court issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving).

[Criminal Facts] The Defendant, while under the influence of alcohol around 09:40 on June 28, 2020, driven from the roads of Scki in Seopo-si B to the roads of Seopo-si D in Seopo-si, Seopo-si.

Therefore, the police officer called out after receiving a report that the defendant is driving under the influence of alcohol, stated that the defendant's speech and behavior is cross, red, and there are reasonable grounds to see that the defendant was driving under the influence of alcohol, but the defendant refused to take a drinking test.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Investigative report (including accompanying documents) on police preparation and recording and video (including accompanying documents);

1. Statement of the circumstances of a driver taken-off in police preparation, investigation report (report on the circumstances of a driver taken-off), notification of the results of the control of drunk driving, and entry of a list of 112 reported cases; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report on the preparation of a prosecutor's report (Attachment to the same type of power judgment, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.