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

On October 12, 2009, the Defendant issued a summary order of KRW 1,50,000 to a fine for violating the Road Traffic Act as a crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court.

At around 21:50 on July 18, 2020, the Defendant refused to comply with a drinking test without justifiable grounds even though he was required to comply with a drinking test by inserting it into a drinking measuring instrument three-minutes for about 17 minutes on the ground that he was arrested by the slopeF belonging to the pak police station, and that he was under the influence of alcohol, such as drinking, smelling, and smoking, while driving a ice-to-ice car with drinking alcohol in about 500 meters from the front of the B apartment at Pakju City to the front of the D Elementary School located in C at the same time, and driving a ice-to-face in front of the D Elementary School located in the same city.

As a result, the defendant violated the prohibition of drinking driving and non-compliance with drinking alcohol measurement not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report on the results of the drinking driving control and the ledger of the use of a drinking measuring instrument;

1. Records of drinking driving under the judgment: Criminal records, etc. inquiry reports and the 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. The crime of this case committed by the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, where he/she drives drinking again and refuses to measure drinking again even though he/she had the record of being punished for drinking driving.

However, in consideration of the fact that the defendant's mistake is recognized, there is no other punishment force except once the above drinking driving, and that the above drinking driving force has passed 10 years.