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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 8, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Pyeongtaek site on July 8, 201, and was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 26, 2015, and on May 18, 201, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 18, 2017.
On December 13, 2019, at around 22:22:28, the Defendant was required from the entrance of the ASEAN registry office to the middle part of the parking lot at approximately 76 m20 meters, the Defendant, at the 112m section, who was under the influence of alcohol and was dispatched to the site by the Defendant after receiving a report from 112, who was under the influence of alcohol, and was in the influence of alcohol, to comply with the breath measurement by inserting the breath in a breath of the Asan Police Station C Zone D, which was dispatched to the site, for a considerable reason to suspect that the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling alcohol, breathing on the face, etc.
As a result, the Defendant refused to take a sobreath test after driving under the influence of alcohol more than twice or driving under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. A reply to criminal records, etc., report on the result of dispositions and confirmation, and application of Acts and subordinate statutes concerning summary order;
1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation.
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;