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 May 30, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court.

【Criminal Facts】

On January 30, 2020, the Defendant received a report on 112 and received a demand from the police officer to respond to the measurement of alcohol in a manner of putting the breath of alcohol into the breath of drinking, in the original viewing parking lot located on January 23:55, 2020, when the Defendant had a significant reason to recognize that the Defendant driven a breathing car under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, etc. while driving the breathing car under the influence of drinking.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing on four occasions from January 31, 2020 to December 31, 2020 on a total of four occasions in a manner that does not put the breath in the breath, thereby failing to comply with such demand.

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. The circumstantial statement of the employee;

1. Photographs related to refusal to measure drinking;

1. Records of judgment: Application of Acts and subordinate statutes to resident inquiry and criminal records, and investigation reports (reports attached to the same kind of suspect 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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

【Unfavorable circumstances】 The statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public.