A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 29, 2015, the Defendant issued a summary order of KRW 2,00,000 as a charge of violating the Road Traffic Act in the Busan District Court's branch court's support on January 29, 2015, and on September 20, 2017, the Defendant issued a summary order of KRW 4,00,000 as a charge of violating the Road Traffic Act (driving) at the Busan District Court's Busan District Court's branch court's order of KRW 4,00,000, respectively.

【Criminal Facts】

On September 19, 2019, at around 05:06, the Defendant was under the influence of alcohol on the road in front of the plaza No. 566 and 49, the Defendant was required to comply with a drinking test by inserting the alcohol in four minutes from around 04:49 of the same day to around 05:06, while driving a BM6 car on the road in front of the plaza No. 566, 49, the Defendant was under the influence of alcohol. The Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument four minutes from around 04:4 minutes from around 04:49 of the same day to around 05:06.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Photographss, etc. refusing to take a drinking test, CDs of suspect vehicles, and CCTV images for crime prevention;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect - Attachment of judgment) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1), 44 (2) and (1) 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. Grounds for sentencing under Article 62-2 of the Criminal Act.