A 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

[Criminal Power] On March 9, 2020, the Defendant was issued a summary order of KRW 3,000,000 by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 8, 2020, at around 23:24, the Defendant received 112 reports at the front parking lot of the Ccafeteria located in Kimhae-si, Kim Jong-si, and was dispatched to the site, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by the Defendant, such as smelling and snicking from E to red snicking, etc., the Defendant did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, even though he was required to comply with the demand of a police officer for the measurement of alcohol by inserting the breath during four times from 23:35 to 23:55 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in the judgment: Before disposition and the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., shall be determined like the order.

[Unfavorable circumstances] Drinking is likely to lead to traffic accidents, and drinking driving is also highly likely to cause recidivism by affecting people's physical ability.

The Defendant, as stated in the judgment, was punished for a drunk driving five months prior to the previous conviction, but was re-driving without the awareness of the danger of drunk driving, and the Defendant did not comply with the police officer’s request for a lawful drinking test.

The current Road Traffic Act regulates the drinking driving.