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

[Criminal Records] On September 27, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic law (driving) at the Ulsan District Court.

[ 범죄사실] 피고인은 2020. 6. 5. 21:20 경 울산 남구 B 앞 도로에 정차된 C SM5 승용 차 운전석에서 잠을 자 던 중 ‘ 차량 안에서 여성분이 잠을 자고 있다' 는 112 신고를 받고 출동한 울산 남부 경찰서 D 지구대 소속 경장 E, 순경 F 등 경찰관들 로부터 피고인이 시동을 켠 채 위 승용차 운전석에 앉아 자고 있는 점, 피고인이 운전하는 것을 직접 목격했다는 신고자의 진술, 피고인의 걸음이 휘청거리고 발음이 부정확한 점 등 피고인이 술에 취한 상태에서 운전하였다고

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking in a manner that conceals a drinking measuring instrument three times at around 21:25 on the same day, twice at around 21:29, and three times at around 21:30 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as committing an act of “not measuring”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of 1 copy of the judgment and reply to inquiries, such as criminal history, etc., such as photographs at the scene of control, investigation reports (report on the situation of the driver at the main place), photographs of the suspect who has refused to measure the suspect's drinking video

1. Article 148-2 (1), 44 (2), and 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (1), 44 (2), and 14 of the same Act applicable to the option of punishment;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [A statutory penalty: imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than 10 million won and not more than 20 million won] has the history of being punished once by a fine for a crime of driving under drinking.