A defendant shall be punished by imprisonment for a term of one year and three months.

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

On January 16, 2009, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on November 2, 2011, the same court received a summary order of KRW 2,50,000 for the same crime.

Although the Defendant had been punished twice for the violation of the Road Traffic Act as above, on June 6, 2020, at around 00:54, the Defendant received 112 report from the Defendant to the effect that the Defendant is suspected of driving under the influence of alcohol while driving a B rocketing motor vehicle on the street around the Han-gu Eup, Yan-gu, Anasan Police Station C commander of Asan Police Station, etc. who belongs to the police station of Asan Police Station, etc. after called to the site and called to the site to confirm the reaction of drinking so as to ensure that the Defendant was under the influence of alcohol, such as the flow of alcohol, smelling red light on the face, and driving the said motor vehicle under the influence of alcohol, and did not comply with the demand of the above D to comply with the alcohol testing method, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on internal investigation (with regard to circumstances leading up to refusing to measure alcoholic beverages);

1. Application of Acts and subordinate statutes to reply to criminal records, etc., reply to case inquiry, and copies of summary order;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;