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

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 2.5 million at the Gwangju District Court on November 5, 2007 due to the crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, at around 19:50 on August 14, 2020, did not comply with a request for a alcohol test by a police officer without any justifiable reason, by evading the demand for a alcohol test by “A” while driving a DNA car on the front side of “C” located in B of Naju City, and resulting in a traffic accident that collisions with the road seats, resulting in a 112-report and having received a report from F, etc. under the circumstances where the E police box, who was called out after receiving 112, was under the influence of alcohol, to the Defendant, such as smelling, snicking, and breathing, and making a breath for three minutes from around 20:47 to 21:00 on the same day.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Refusal of noise measurement) and investigation reports (report on the situation of the driver);

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and (1), and 44 (1) of the Road Traffic Act that choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving, and the quality of the crime of refusing to measure alcohol is not good.