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 became final and conclusive.

Punishment of the crime

[Criminal Power] On March 31, 2010, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (e.g., refusal of measurement) in the Changwon District Court’s jurisdiction.

【Criminal Facts】

On September 3, 2019, at around 22:40, the Defendant reported to the effect that he was drunkly driven by a person drinking alcohol at the front parking lot of Gohap-gun, Chungcheongnam-gun, Chungcheongnam-dong, and the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, even though he was required to comply with the demand for a drinking test by inserting the drinking measuring machine four times at around 2:5, 23:00, 23:00, 23:05, 23:105, and 23:10, and 23:10.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A report on the actual state of the driver;

1. Investigation report and investigation report (report on the circumstances of a drinking driver), etc.;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, even though he had a record of punishment due to the refusal of drinking alcohol measurement in 2010, was engaged in a drunk driving, and the occurrence of a traffic accident involving a parked vehicle, and the crime of refusing drinking measurement requires a strict punishment in consideration of the risk of drinking alcohol driving and the effectiveness of drinking control.

However, it is the fact that the defendant acknowledges and reflects his mistake, and it is two times of fine.