A defendant shall be punished by imprisonment for a term of one year and two 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 August 14, 2009, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the same court on November 28, 2012 to a fine of KRW 5 million.

【Criminal Facts】

On November 15, 2019, around 00:50, the Defendant received four times a demand from a police officer for the measurement of drinking alcohol in a manner that makes it difficult to recognize that he/she was engaged in drinking, such as drinking, drinking, drinking, drinking, red, drinking, etc. while on board DKan vehicle in the Gu B Bdong in Ansan-si, and having considerable grounds to recognize that he/she was engaged in drinking, such as drinking, drinking, drinking, etc., the Defendant did not comply with the demand for the measurement of drinking alcohol by avoiding it without justifiable grounds.

As a result, although the defendant had a history of violating the prohibition of drinking driving, he did not comply with the demand for a drinking test as above, and violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Scenic photographs;

1. Previous convictions indicated in judgment: Criminal records, previous records of dispositions, report on results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished several times of drinking driving, but again driven under the influence of drinking, and furthermore, the Defendant refused to measure the drinking level of the police officer.

However, it seems that the defendant is recognized as committing a crime and is against the truth, and the drinking driving is conducted within the parking lot.