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

On April 1, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court Seosan Branch on April 1, 2010, and issued a summary order of KRW 5 million as a fine in the same court on August 16, 2012.

The Defendant, at around 19:00 on March 6, 2020, did not comply with a request for a alcohol test by a police officer, without justifiable grounds, even though there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as heavy balkings at the time from E during the police box sent after receiving a traffic accident report, and snow balkings, and that there was considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as snow baling and snow baling, etc., on the same day from around 19:22 to around 19:37 of the same day, even though he was required to comply with the alcohol test by inserting the alcohol measuring instrument for three times in total.

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 written statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached to summary orders issued on the same attached military unit);

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

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

1. Article 62 (1) of the Criminal Act;

1. The contents and time of the previous convictions prior to the reason of sentencing under Article 62-2 of the Criminal Act, and the age, character and conduct, criminal records, relationship of criminal records, environment, circumstances after crimes, etc. of the defendant, the punishment as ordered shall be determined by taking full account of all the factors of sentencing as shown in the arguments in this case.