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 August 1, 2007, the Defendant was given a summary order of 2.5 million won by a Seoul Central District Court due to a crime of violation of the Road Traffic Act.

On December 14, 2019, at around 04:58, the Defendant was found to have driven a breab while drinking alcohol on the roads near the center line of the road, and was found to have driven a breab near the center line of the road. The Defendant was demanded to comply with the drinking test by inserting the drinking alcohol in two times more than 05:08 past the same day and at around 05:31, the Defendant was found to have been found to have driven a breab around the center line of the road.

Nevertheless, the defendant, by refusing to put the whole breath in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on drinking driving;

1. Photographs of the accident site;

1. Previous convictions in judgment: Criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes concerning summary order;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the defendant could have been punished for drinking and driving without a license, has reached the crime of this case again.

The defendant, who was requested to take a drinking test, was able to take a bath to a police officer.

However, the defendant recognizes his mistake.

The sentence shall be determined as per the disposition, comprehensively taking into account the following factors, including the fact that the defendant has no criminal record exceeding the fine, the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.