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 March 4, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of KRW 2 million for the same crime at the same court on September 23, 2016.

On July 25, 2019, at around 03:13, the Defendant: (a) while driving a motor vehicle in the influence of alcohol on the front of B at around 03:13, the Defendant did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, photographing, red, walking, and driving a motor vehicle at the site after receiving a report 112 after causing a traffic accident; and (b) he did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he/she was required to comply with the requirement for the measurement of alcohol by inserting it into a drinking measuring instrument three minutes during a period of 12 minutes.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. A report on internal investigation (with respect to refusal to measure alcoholic beverages);

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;