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 became final and conclusive.

Punishment of the crime

On June 11, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support of the Daegu District Court on February 3, 2010, and received a summary order of KRW 4 million as a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving) in the sex support of the Daegu District Court on February 3, 201.

On May 18, 2020, at around 20:35, the Defendant discovered that police officers are under the influence of drinking while driving Done Star vehicle on the front side of the Kone Star vehicle located in Seongbuk-gun, Sungdong-gun, D, and left the said Kone Star vehicle to the above gas station, but the Defendant left this vehicle to the E AssistantF of the Seongdong Police Station, thereby causing damage to the drinking driving, and the Defendant was under the influence of drinking, such as recognizing the fact of drinking, and the Defendant was under the influence of drinking from around 20:10 to around 20:35 of the same day, and the Defendant failed to comply with the request of police officers for a drinking test by failing to comply with the demand for a drinking test by inserting the drinking measuring instrument for about 25 minutes, without justifiable grounds.

Accordingly, the defendant violated Article 441 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and internal investigation report (with respect to refusal of measurement);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. In particular, the defendant's reflect on the reason of sentencing under Article 62 (1) of the Criminal Act, the records of traffic crimes (two times the suspended sentence of imprisonment without prison labor), the necessity of strict punishment for the crime of refusing to measure alcohol, etc. shall be considered.