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 July 19, 2013, the Defendant issued a summary order of a fine of three million won at the Seoul Central District Court for a violation of the Road Traffic Act, and on May 10, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the Seoul Central District Court.

【Criminal Facts】

On April 29, 2020: (a) around 02:33, the Defendant refused a police officer’s request for a drinking test of alcohol without justifiable grounds even though he was required from around 02:38 to 03:00 to 03 minutes to comply with a drinking test in a manner of injecting alcohol, such as making the Defendant’s vehicle under the influence of alcohol, in front of parking settlement in the state where there is no passenger, and making the Defendant’s vehicle under the influence of alcohol, such as smelling in the Defendant’s entrance, drinking in a state where there is no passenger.

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 and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation status (verification of criminal records of a suspect), list of related cases, judgment, and application of Acts and subordinate statutes governing summary orders;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the probation, community service order, and order to attend a lecture, even though the defendant had a record of punishment for drunk driving, and again drives under the influence of alcohol, the defendant's refusal to take a alcohol test by the traffic control police officer is highly likely to be subject to criticism.