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

[Criminal Power] On October 5, 2018, the Defendant was issued a summary order of a fine of KRW 4 million at the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 4, 2020, at around 03:07, the Defendant was demanded to move a vehicle from a taxi driver in front of the Seo-gu Busan, Seo-gu, Busan, but was parked on the road while driving a CJ car, the Defendant was parked on the road and stopped approximately 15 meters while moving a Karen car on the road.

The Defendant was required to comply with a drinking test by inserting the drinking meters in a manner of inserting it over three minutes in the manner of inserting it into a drinking measuring instrument three times between about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol from G around the Busan Western Police Station F District G of the Busan Western Police Station, which received a report on 112 of the suspicion of drinking driving due to the foregoing accident, and received a request from a police officer for a drinking test without justifiable grounds.

As a result, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (report on the circumstances of an employment driver), a report on detection of an employment driver, and an investigation report;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Although the Defendant had had a record of punishment for drunk driving, the Defendant committed the instant crime, and the Defendant caused a contact accident due to drunk driving, etc., which are disadvantageous to the Defendant, even though he/she had been under the previous punishment for sentencing under Article 62-2 of the Criminal Act.

However, the defendant recognized the crime of this case and opposed to it.