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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 10, 2007, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court due to a violation of the Road Traffic Act (Refusal of measurement), etc. on October 27, 2009, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on October 27, 2009, and a summary order of KRW 5 million from the Central District Court on July 14, 201 to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving).
On November 17, 2013, 02:31, the Defendant did not comply with the demand of the Defendant to respond to the measurement of alcohol by inserting it into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol while driving C a drinking car on the road in front of 173-16, Mapo-gu, Seoul, Mapo-gu, Seoul, and that he was under the influence of alcohol from the slope E belonging to the department of the Seoul Mapo-gu Police Station D branch, Seoul, and that he was under the influence of alcohol, such as a string distance.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Report on the circumstances of the driving of a motor vehicle;
1. A report on investigation by telephone;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes which inquiry into foreign crimes and investigation records records;
1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession of a criminal defendant and the absence of a criminal record of the same kind of suspended execution or higher);