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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 21, 2016, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court. On March 8, 2017, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.

On April 28, 2020, the Defendant was demanded to comply with the alcohol testing method by inserting a dice-free vehicle into a drinking measuring instrument on April 28, 2020, on the grounds that there are reasonable grounds to recognize that the Defendant driven the said vehicle under the influence of alcohol, such as a red, rhyming, and a string distance, while driving a dice-free vehicle, resulting in a traffic accident while driving the dice-free vehicle.

Nevertheless, the Defendant did not put the whole laver, and did not comply with the drinking alcohol measurement for about 20 minutes on several occasions by promptly inserting it.

As a result, the defendant did not comply with the police officer's request for a measurement of drinking without any justifiable reason as a person who has a record of violating the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (as regards Taedo as at the time of measuring breath A), an investigation report (as at the time of measuring breathr A), and closure of theCCTV image;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect driving records) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has a record of being punished twice for drunk driving, and the defendant refuses to take a drinking test by a police officer even though a traffic accident that takes place beyond the median line while driving alcohol while drinking alcohol, occurs: The defendant is more favorable.