A defendant shall be punished by imprisonment for not less than one year and six 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 September 17, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

The Defendant, at around 01:02 on February 27, 202, failed to comply with a police officer’s demand for measurement of alcohol without justifiable grounds, even though he was required to comply with a alcohol test four times from around 01:03 to 01:2, on the road in the Hadong-gun B, for the following reasons: (a) there exist reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, sniffing, red, and heavy snowing, from E around the D District Unit of the Gyeongnam-dong Police Station D District of the Gyeongnam-dong Police Station, which was called after receiving a report on a suspicion of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) 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 (i.e., confession and the environment of the defendant);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;