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 May 27, 2011, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and on March 12, 2013, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving).

around 20:00 on August 1, 2020, the Defendant is driving C-Wts’ car in the pay parking lot of the party branch in Sungnam-gu, Sungnam-gu.

As there are reasonable grounds to recognize that a drinking driver was driven under the influence of alcohol, such as smelling from E by the superintendent of the police station in the D District of the Sector Police Station who was dispatched to the site after receiving a report 112, and making a witness's statement, it was demanded to comply with a drinking test by inserting the whole in a drinking measuring instrument four times from 20:15 to 20:33 of the same day.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Previous records of the Defendant’s legal statement, the report on the state of his driving, the report on the state of his driving, the report on the state of his driving, the report on the state of his driving, the notification of the results of the drinking driving control, the field photograph, the written statement, the driver’s license register, the vehicleCCTV, the inquiry into the drinking control results, the telephone image, the telephone photograph, and the previous records of his judgment:

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or 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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., where the defendant had a record of punishment for drinking driving twice again and refuses to take a drinking test, and thus, the quality of the crime is not good. The risk and necessity of drinking driving, the defendant's recognition of and reflects the crime, the defendant has no other criminal records, and the defendant has no other criminal records.