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 Power] On November 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 25, 2016 and four times of criminal records.

【Criminal Facts】

On July 2, 2019, at around 00:55, the Defendant, while driving a DNA car without obtaining a driver's license on the front of the Cju station located in Michuhol-gu Incheon Metropolitan City, Incheon, and escaped the police officer's order of suspension under drinking control.

Since then, there are reasonable grounds to recognize that the Defendant driven a motor vehicle, etc. while under the influence of alcohol, such as having a face in front of “F” in the same Gu E, having a red, smelling alcohol, and drinking alcohol, etc., the Defendant was required to take a alcohol test from H by the superintendent of the police department of the Incheon Michuhol-gu Police Station G.

Nevertheless, the defendant, without justifiable reason, failed to comply with a police officer's request for a drinking test, thereby violating the duty of drinking driving or refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and register of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (reports on confirmation of criminal records of the same kind of suspect), and application of four copies of judgment attached thereto, such as judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which apply to the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, previous records of driving under influence prior to about three years, and low drinking level);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;