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.

Criminal facts

On April 11, 2008, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net order support on April 11, 2008, and the same drinking driving force is two times.

On March 20, 2020, at around 22:27, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the k5 vehicle into the drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, drinking, photographing, sniffing, photographing, drinking, drinking, drinking, drinking, drinking, and walking, drinking, and walking, walking, walking, and walking, walking, and walking, and drinking, and drinking, and accordingly making it difficult to see that the Defendant was driven under the influence of alcohol.

However, the Defendant explicitly revealed his intention not to comply with the drinking test and did not comply with the demand of a police officer for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The G's statement: The circumstantial statement, the report on the actual traffic accident, the survey report on the actual condition, the evidence and photographs of the scene of the traffic accident, and the investigation report (whether or not there is a refusal of the negative measurement);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (suspects' previous records and attachment of judgment) - Application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very negative that the defendant's act of causing an accident while driving a motor vehicle under the influence of alcohol again even though he/she had a history of criminal punishment on several occasions due to drinking driving and refusing to measure drinking further is very negative.

However, the defendant seems to have a profoundly reflect on his own mistake, and the drinking driving is again done.