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

[Power of crime] On June 18, 2018, the Defendant received a summary order of KRW 7 million as a crime of violating Road Traffic Act (drinking driving) in the public order of the Daejeon District Court.

[2] The defendant was driven under the influence of alcohol by the defendant since September 18, 2020 to around 02:39 of the same day, since around 02:29 on September 18, 2020, with very red and inaccurate face of the defendant on the side of Seo-gu Daejeon, Seo-gu, Daejeon.

have reasonable grounds to determine that there is a reasonable

In the case of the Daejeon Police Station C Team, the police officer of the Daejeon Police Station C Team failed to comply with the request for the measurement of drinking for three times from D, without any justifiable reason.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a driver working at the main place, a report on the circumstances of the driver at the main place, a inquiry into the results of crackdown on the driving of alcohol, a survey report on actual condition, images related to refusal of measurement, field photographs, an investigation report on the next inquiry (report on the situation of the driver at the main place), a report on the internal investigation, and a report on investigation (the victim E and telephone conversations);

1. Before judgment: Application of the results of inquiry about criminal history, reporting on the result of confirmation of the previous conviction of the disposition (a summary order No. 1846)

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may seriously harm the life, body and property of others. Considering the effectiveness of regulating the risk of drinking driving, the act of failing to comply with the measurement of drinking such as the defendant is more likely than the case of general drinking driving.