A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 26, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[Criminal facts] The Defendant is suspected of driving alcohol in excess of the central line on October 7, 2020, at around 02:37, the following areas: CMW car in the vicinity of the Southerndong-gu Incheon Metropolitan City apartment building B, and is suspected of driving alcohol.

“A person who was driven under the influence of alcohol, such as the Defendant’s speech and behavior is unclear and smelled in his body, from the circumstances surrounding the seat of the Incheon Police Station D District, which was called upon 112 report.

On the same day, at around 03:11 on the same day, the defendant's residence in the above apartment F's apartment house F was requested to respond to the drinking measurement by inserting the whole in a drinking measuring instrument, but he did not comply with it, and did not enter the above residential area and rejected the drinking measurement without correcting the door.

The defendant continued to open the door door of the police officer E including the above security guards, and escaped from the door door of the above apartment house to the stairs room of the above apartment house, but was arrested as a flagrant offender under suspicion of violation of the Road Traffic Act (Refusal of Drinking Measurement) by the above security guards, and requested to comply with the drinking measurement at intervals of five minutes from 03:15 to 03:30 on the same day by inserting the drinking measuring instrument three times at intervals of five minutes, but did not comply with the police officer's request for drinking measurement without any particular reason.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Notification of the result of the police's oral statement G made by the defendant in his/her legal statement restrictions on driving under the influence of alcohol, and refusal to measure alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order of drinking driving force;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The Criminal Act for mitigation of quantity;