A defendant shall be punished by imprisonment for one year.

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 April 1, 201, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on April 1, 2011.

【Criminal Facts】

On January 30, 2020, the Defendant: (a) around 02:40 on January 30, 2020, as the captain of the Busan-gun, was required to respond to a drinking test by inserting the fluor of alcohol in the manner of inserting the fluor of alcohol in the direction of the captain police station in front of the 692-lane at the three-lane road in front of the 692-lane in front of the captain police station in front of the 692-lane, and being dispatched at the driver’s seat after receiving a report from the slopingD belonging to the captain police station, who was traveling at the 112-lane, while standing in the fluor of the fluor of the police station in front of the 112-lane.

Nevertheless, the Defendant did not comply with a police officer’s request for a so-called alcohol test without any justifiable reason by keeping the so-called “breath alcohol measuring instrument” and refusing to take a so-called alcohol test.

Accordingly, the defendant partly revised the facts charged to the extent that it does not have any disadvantage to the defendant's right of defense under Article 44 (1) or (2) of the Road Traffic Act while under the influence of alcohol.

B violated B not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Investigation report (report on the circumstances of the driver), investigation report (such as the form, etc. at the time the vehicle is discovered), investigation report (number 33), investigation report (in case of the departure of the vehicle and the place of purchase by the owner), investigation report (in case of the vehicle within the place of departure and the place of purchase by the owner), and investigation report

1. 112 Reporting case handling table; and

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

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. Discretionary mitigation;