A defendant shall be punished by imprisonment for one year.

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 July 29, 2009, the Defendant issued a summary order of KRW 2 million at the Busan District Court as a crime of violation of the Road Traffic Act (driving). On January 7, 2011, the Busan District Court issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court Branch, and on June 5, 2013, the Busan District Court issued a summary order of KRW 5 million as a penalty of violation of the Road Traffic Act (driving) at the Busan District Court.

【Criminal Facts】

Around 05:00 on April 30, 2020, the Defendant driven BM6 car while under the influence of alcohol, and transmitted it on the road at the intersection of the United Nations road in the Southern-gu Busan Metropolitan City at a three-lane. Upon receipt of a 112 report, the Defendant was demanded to comply with the drinking measurement by inserting it into the driver’s seat at the seat of the Defendant from the border D belonging to the Busan Southern Police Station C, the Busan Southern Police Station, which called for 112, on the ground that there are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as a mold distance in red state, and from around 05:16 to 05:35 on the same day, from the Busan Museum of the same day, the Defendant was in compliance with the drinking measurement by inserting it into a drinking measuring machine for four times in total at the parking lot of the Busan Museum located in the same Dong.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without any justifiable reason by avoiding it by means of refusing to take a alcohol test while stating “one time”.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records of each investigation report (on a report on the state of a driver and refusal to measure alcohol): The application of Acts and subordinate statutes after criminal records, etc. inquiry;

1. Relevant Articles 148-2 (2) 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 background or content of the crime of this case committed by the defendant for sentencing under Article 62-2 of the Criminal Act.