Defendant shall be punished by imprisonment for a term of one year and six months.

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

[Criminal Power] On June 20, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:00 on October 3, 2019, the Defendant: (a) while driving a d bargaining vehicle under the influence of alcohol on the front of C in the Gu-U.S.A. on the ground that the vehicle under the influence of alcohol was stopped, the Defendant was in a dispute with the driver of the said vehicle; (b) upon receiving a 112 report from the said driver, the Defendant was required to comply with a drinking test by inserting the vehicle into a drinking-free measuring instrument for about 21 minutes, with a reasonable ground to recognize that the vehicle under the influence of alcohol was under the influence of alcohol, such as a light-distance and red breathing of the vehicle under the influence of alcohol.

Nevertheless, the defendant means that "I do not have a driving under the influence of alcohol", and he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds by avoiding it, such as leaving the scene.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Report on the circumstantial statement of a drinking driver, ledger using a drinking measuring instrument, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one to two years, and six months.