A defendant shall be punished by imprisonment for one year.

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

On October 30, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on September 12, 2018, a summary order of KRW 4 million from the Jung-gu District Court to a fine for a violation of the Road Traffic Act.

On September 21, 2019, the Defendant was required to respond to the drinking measurement by inserting alcohol in a drinking measuring instrument three minutes between about 10 minutes on September 21, 201, on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as a string of the Gyeonggi-gu Government Underground Parking Lot, while driving Category C Dribrid car with drinking alcohol in a state of drinking, the Defendant was required to comply with the drinking measurement by inserting alcohol in a manner of inserting alcohol measuring instrument three minutes over 10 minutes.

Nevertheless, the Defendant avoided a drinking test and failed to comply with a drinking test by a police officer without any justifiable reason.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts 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 of the Criminal Act is that the defendant has been punished several times due to drinking or unlicensed driving even before the sentencing is completed.

Nevertheless, while driving in the state of re-driving, the police did not respond to the police officer's desire to take a drinking test or to keep the drinking, while trying to leave the scene.

Defendant before and after crimes.