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.

Criminal facts

Some of the facts charged were corrected.

On July 26, 2006, the Defendant received a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court on July 26, 2006.

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on June 30, 2019, the Defendant refused to comply with the drinking test of a police officer without justifiable grounds by refusing to comply with the drinking test of a police officer, even though he/she had reasonable grounds to recognize that he/she driven a motor vehicle while under the influence of alcohol, by asserting that he/she had a red, snicking and smelling the face of the Defendant from the front of the Gyeonggi Mine Police Station C commander of the Gyeonggi Police Station, sent out after receiving a report 112, and that he/she driven the motor vehicle by an acting driver on the road in front of Gwangju-si, Gwangju-si, Gwangju-si (hereinafter "the same shall apply) by refusing to comply with the drinking test for about 20 minutes, such as failing to comply with the request for a drinking test.

Accordingly, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

2. Around 05:25 on June 30, 2019, the Defendant, while under the influence of alcohol at a level of 0.103% of blood alcohol level, driven a Hbee cruise car at approximately 800 meters away from the parking lot for the police box located in G in the front of Gwangju City at the same time on the roads located in G in the same city of Gwangju City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving (33 pages of investigation records), the report on the circumstantial statement of a drinking driver (35 pages of investigation records), the investigation report (applicable dmark formula) (applicable), and the written appraisal of blood alcohol;

1. Investigation report (17 pages of investigation records), field photographs (19 pages of investigation records), and closure photographs of each CCTV image (53 pages, 58 pages of investigation records);

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;