A defendant shall be punished by imprisonment for one year.

except that 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 September 9, 2010, the Defendant was issued a summary order of a fine of 2.5 million won by the Seoul Central District Court for a violation of the Road Traffic Act, and is engaged in driving of BK5 vehicles.

On June 18, 2019, the Defendant driven the above car at around 01:00, and proceeded with a wooden bridge 24-ro 43-ro, Yeongdeungpo-gu, Seoul, Youngpo Police Station from the jurisdiction of the Yeongdeungpopo Police Station to Incheon, the Road Street Day was received from the fronter of the above car and transferred it to the D Hospital located in Yangcheon-gu Seoul Metropolitan Government.

At around 01:58 on the same day, the Defendant was requested by the emergency department of the foregoing D Hospital at around 01:58 to respond to a drinking test on four occasions under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the face of a red, smelling, walking, and failing to walk while walking, etc., and the Defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;