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 May 11, 2011, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.

On September 16, 2020, at around 01:58, the Defendant reported that the Defendant would drive in the state of alcohol on the road near Gangnam-gu Seoul, Seoul, and received 112 reports, and met the alcohol test by inserting it into four times from around 02:12 to 02:50 on September 16, 202, there were reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as a slope D, etc. affiliated with a slope of the Seoul Gangnam-nam Police Station Police Station Police Station, which called for, and called, the Defendant was under the influence of alcohol.

Nevertheless, the Defendant did not comply with a drinking test in a way that does not put the sufficient whole in and without any justifiable reason, and did not comply with a police officer’s request for a drinking test by refusing to take a drinking test, stating that “diculous drinking is to take a drinking test” and “to take a drinking test.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports, reports on the state of drinking drivers, and reports on the results of the control of drinking driving and visual images of refusing to measure;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (verification of suspect criminal records), and application of Acts and subordinate statutes governing summary orders;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant refuses to measure drinking without being aware of his/her past record of punishment for drinking driving, etc.