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

On February 18, 2013, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (Refusal of measurement) in the Seosan Branch of the Daejeon District Court on February 18, 2013.

Around 04:11 on November 9, 2019, the Defendant: (a) was parked in the B apartment underground parking lot in Seocho-si, Yongsan-si, the Defendant: (b) was found to have driven the accelerator car under the influence of alcohol on three occasions until around 04:37 on the same day; (c) the Defendant was required to comply with the request of a police officer for the measurement of drinking alcohol without justifiable grounds, even though there is a reasonable ground to recognize that the Defendant driven the accelerator car under the influence of alcohol, such as the Defendant’s identification of driving through a black box image, and the police officer’s request for the measurement of drinking alcohol was not complied with, without justifiable grounds, even though he was required to comply with the request of a police officer for the measurement of drinking alcohol by no later than 04:37 on the same day.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. A report on the actual state of the driver;

1. A related video CD or a caps;

1. Inquiry reports on criminal records, investigation reports (report on the confirmation of criminal records of the same kind of suspect), and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (2) 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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the criminal records of the accused with the reason of sentencing under Article 62-2 of the Criminal Act, the background and distance of the driving, the circumstances of refusal to measure drinking, and the age, character, conduct and environment of the accused;