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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 28, 2008, the Defendant received a summary order of KRW 2 million as a fine of KRW 1.5 million for a crime of violating the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on March 30, 2015.

Criminal facts

On October 16, 2020, the Defendant is spiting off, and driving under the influence of alcohol, E is driving under the influence of alcohol, on the part of a towing vehicle driven by E while driving D G70 in the state of under the influence of alcohol.

Unlike as soon as possible, “A person who intends to flee” reported 112, and the Defendant was driven under the influence of alcohol by a slope F belonging to the police station of the Suwon-gu, which was called upon upon the above report, to verify the state of drinking by the Defendant through drinking reduction.

Since there are reasonable grounds to suspect that the defendant requested the measurement of drinking, but the defendant refused the measurement, and continued to refuse the measurement of drinking for four times until 03:46, and refused the police officer's request for measurement of drinking without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking alcohol driving or the prohibition of drinking rejection at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. A photograph refusing to measure drinking, etc.;

1. Previous convictions indicated in judgment: In inquiry about criminal history and application of two copies of summary order Acts and subordinate statutes;

1. Article 148-2(1), Article 44(2), and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1), 44(2), and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be considered as follows;

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;