A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On January 21, 2019, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the same court on February 20, 2019, respectively.

【Criminal Facts】

Around 01:10 on February 24, 2020, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments on several occasions, on the roads in front of the Csung Party B in Young-gu, Suwon-si, and on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, drinking, walking, and drinking, from F, belonging to the head of the Gyeonggi-gu, Seoul Police Station E District Police Station in the Gyeonggi-gu, Gyeonggi-gu, Seoul, which called upon 112 reports and called “D vehicles drive the same while drinking.” The Defendant refused to comply with the demand of a police officer for a drinking test without justifiable grounds by refusing the measurement.

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. Investigation report, notification of the results of the control of drinking driving, and field photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures was that the Defendant was punished twice by a fine in 2019 due to drinking driving, but the Defendant also carried out the instant drinking driving within a short time, and furthermore, the Defendant refused to comply with a legitimate request for measurement by police officers.