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.

Punishment of the crime

On October 25, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

On October 9, 2019, at around 16:28, the Defendant driven BMW car while drinking alcohol on the road near the remote distance in Songpa-gu Seoul Metropolitan City, 184-23, Songpa-gu, 184:23, the Defendant was demanded to comply with a drinking test by inserting it four minutes from around 15 minutes from around 16:48 to around 17:03 of the same day, in a manner that the Defendant was driving under the influence of alcohol, on the road after receiving a report on 112 that the Defendant stopped the car on the road and was divingd while standing the car on the road.

Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, such as making a drinking measuring instrument in his/her hand and making it a police officer “breath.”

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and report on the detection of a drinking driver;

1. Previous records of judgment: Reference records to criminal records and investigation reports (applicable to criminal records of a suspect, attachment of the same criminal records, and review of suspicion);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Imprisonment with prison labor for a period of one year to two years;

2. The sentence of sentence (unfavorable circumstances) has already been sentenced to three times of punishment for the same crime, but it also has the same record.