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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2015, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the leisure support of the Suwon Friwon method, and on September 23, 2016, the above court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) on September 23, 2016.

Criminal facts

On September 24, 2020, the Defendant driven a eMW 520d car under the influence of alcohol from around 03:30 on September 24, 2020 to around 500 meters from EMW 520d car under the influence of alcohol.

The Defendant was driven under the influence of alcohol by the Defendant, such as smelling and smelling at the face of the F District G in the Gyeonggi Police Station G, Police Officer H, etc., sent to the said site after receiving a report on 112, which is suspected of driving a drinking vehicle.

There are reasonable grounds to recognize the same day from the same day, which was demanded to respond to the measurement of drinking by inserting the breathm measuring instrument in a manner that makes it difficult to see the same day, but the defendant explicitly rejected the measurement of drinking.

As a result, the defendant violated the prohibition of drinking driving, and did not comply with the police officer's request for drinking again without justifiable grounds.

Summary of Evidence

1. A written statement prepared by the defendant in court;

1. On-site photographs of the statement made by the driver of a driving school, and the details of report processing 112 as a result of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service and lecture attendance order has a record of punishment several times due to the reason of sentencing, the driving of drinking alcohol, the refusal to measure drinking, the crime is more bad in terms of the control of police officers and the refusal to measure drinking.