A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 29, 201, the Defendant was sentenced to a fine of KRW 4 million on the grounds of the violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site on December 29, 201 and was in violation of Article 44(1) of the Road Traffic Act.

【Criminal Facts】

Around 16:50 on December 30, 2019, the Defendant was required to respond to the measurement of alcohol by inserting the cM3 vehicle while driving the cM3 vehicle in front of Asan City on the front of B on the road. Since there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, drinking, and drinking, etc., from E by the police officer of the ASEAN Police Station D Police Station, the Defendant was under the influence of alcohol, and accordingly, he was required to respond to the measurement of alcohol by inserting the c5 minutes of the crith alcohol measuring instrument.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. On-site photographs;

1. Reporting to a department related to 112 Incident;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same type of judgment), application of Acts and subordinate statutes;

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

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for the crimes of violation of the Road Traffic Act.

3. The decision-making driving of the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

Although the Defendant was punished for drinking driving, such as the statement of criminal records, the Defendant again refused to take a drinking test, and the responsibility for the crime is heavy, and there is a high possibility of social criticism.

However, the defendant led to confession and reflect on the crime of this case.