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.

Punishment of the crime

On February 6, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on April 21, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

The Defendant, while under the influence of alcohol on October 3, 2020 at around 16:30, while driving a B-Wz car and driving a two-way road in front of the two sub-offices located in the 37-dong, Changwon-si, Yang-dong, Masan-gu, Seoul-si, the Defendant, upon receiving a report from 112 to the effect that “A driver of the said B-Wz driver shall drive a motor vehicle under the influence of alcohol,” driven the motor vehicle under the influence of alcohol by the Defendant, such as a string distance, when the Defendant driven the motor vehicle under the influence of alcohol, from the circumstances D, etc. belonging to the Msan-dong police station in the Msan-dong, Busan-dong, where

A police officer did not comply with a police officer's request for measurement of drinking without good cause, arguing that he/she was requested to comply with a police officer's request for measurement of drinking by inserting his/her breath on 17:14 on the same day, 17:19 on the same day, 2:19 on the same day, and 17:24 on three occasions on the same day after he/she was provided with water from his/her flag due to a significant reason to determine the person's flag.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Written statements prepared by the defendant in court;

1. A statement report on the circumstances of the driver at the main place of duty, and an investigation report (a report on the situation of the driver at the main place of duty and hearing witness statements);

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 was that the Defendant had been punished twice due to drinking driving, but led to the instant crime.