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 January 6, 2012, the defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 8, 2020, at around 19:16, the Defendant was trying to drive a Dworket car in front of Michuhol-gu Incheon Metropolitan City, and entered the said C into the said C, the Defendant did not comply with a police officer’s demand for alcohol measurement without justifiable grounds, even though the Defendant was requested to comply with the alcohol measurement by inserting the alcohol measuring instruments twice more than 10 minutes, on the ground that there are reasonable grounds to suspect that the Defendant was driven under the influence of alcohol, such as “the suspicion of borrowing and lending motor vehicles and drinking driving” from the head of the F Team of the Michuhol-gu Police Station of Michuhol-gu, Seoul, which was called “the suspicion of drinking cars” and “the suspicion of drinking driving.” The Defendant did not comply with the demand for alcohol measurement by a police officer without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, the notification of the results of crackdown on drinking driving, a copy of the usage register of a drinking sprinkator, video CD, and the closure photograph

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the instant arguments.

Unfavorable circumstances: The Defendant did not respond to the police's legitimate drinking measurement request even though he was involved in an accident while driving in the state of drinking.

In the past, drinking shall be considered as drinking.