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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 29, 2006, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on October 9, 2010, and issued a summary order of two million won by a fine for a violation of the Road Traffic Act at the Chuncheon District Court on June 9, 2010, and on July 25, 2013, the Defendant was issued a summary order of four million won by a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Around 01:03 on March 6, 2020, the Defendant was under the influence of alcohol in light of the Defendant’s inner color and walking, etc. from police officers F belonging to the Hongcheon Police Station E-gu, Hongcheon Police Station, on the road, and was under the influence of alcohol on the road in front of the “C” located in Hongcheon-gun, Hongcheon-gun, the Defendant did not comply with the demand of the Defendant to take a breath measurement of alcohol on three occasions at around 01:35, around 01:40, around 01:46, around 01:46.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a case;

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, report on internal investigation (on-site conditions and attachment of a photograph of drinking photographs), and on-site photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same kind of case);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing is that the defendant was arrested by the police officer who stopped on the road driving due to drunk driving and received a report 112 due to the arrest of the defendant. In light of the circumstance of arrest, the defendant seems to have been under considerable inflow, including the previous conviction on probation, three times before and after drunk driving, and the defendant refused to take a drinking test in order to avoid significant punishment anticipated by the defendant. However, the above crime is poor.