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 January 29, 2010, the Defendant received a summary order of KRW 700,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act. On January 3, 2013, the Incheon District Court received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 12, 2019, at around 01:46, the Defendant was requested to comply with the alcohol alcohol measurement, but refused it, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a car language "D" at the time, and making the smell in the entrance, while driving a car at the site after receiving a report from 112 from the police officer belonging to the Incheon National Assembly Police Station who was dispatched to the site, from among the potential users, after stopping the Cchip car on the one-lane road in front of the building in Nam-gu Incheon Metropolitan City, Nam-gu.

As a result, the defendant had already been punished for drinking driving, but again refused to measure drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver), an immigration driver’s circumstantial statement report, and an investigation report (for reinforcement of the facts of a crime),

1. Photographs at the time of crackdown;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes of summary order attached thereto;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;