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

[Criminal Power] On June 10, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On March 20, 2020, the Defendant, at around 22:10 on March 20, 202, is driving a motor vehicle with soflurd C in front of Taean-gun, Taean-gun.

In the course of the occurrence of an accident involving the omission of a vehicle by the road, the driver of the vehicle was reported 112 to the effect that "the driver of the vehicle is absent from the road, leaving the vehicle side of the accident", and there are reasonable grounds to recognize that the vehicle was driven under the influence of alcohol such as smelling, smelling, making a redlight on the face, etc. from the police officers, such as E, etc. in the position of the police station in the Taean Police Station of Taean who called out to the scene of the accident, and did not comply with the request for the measurement of alcohol by means of inserting the breath on two occasions, but did not comply with the request for the measurement of alcohol by disclosing the intention of refusal of measurement.

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

Summary of Evidence

1. Defendant's legal statement;

1. Scenic photographs of the field of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances of the reason for sentencing under Article 62-2 of the Criminal Act, the circumstances of the offense, the same records of the accused, the circumstances after the offense, the age and health conditions, etc. of the accused;