A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 30, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on November 30, 2009, and a fine of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on November 7, 201. On May 29, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of intimidation, etc. by the Suwon District Court on June 10, 2018.

On November 20, 2019, at around 18:20, the Defendant: (a) while driving a vehicle with C low-priced motor vehicle on the front of the road of Ischeon-si, the Defendant was exposed to G during the course of the operation of the Ebbr vehicle operated by D; (b) the police box of the Leecheon Police Station, who was called upon 112 report, was exposed to the police officer G, and H.

When there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, with red strings and smelling, etc., the Defendant did not comply with the request without justifiable grounds, even though from around 18:41 of the same day, the Defendant was demanded from G and Ha to comply with the alcohol measuring method by inserting the whole breath of a drinking measuring instrument throughout several times from G and Ha on the same day.

As a result, even though there was a history of violating the prohibition of drinking driving, the defendant refused a police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1) and (2);

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Statement of D;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect criminal records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) consideration of favorable circumstances, such as the timing for sentencing; (b) health condition; and (c) the preference of family members; and (d) the fact that two times of punishment was imposed for the same kind of crime; and (c) the fact that the person is a repeated offender.