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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.
Reasons
Punishment of the crime
[criminal power] On September 22, 2015, the Defendant issued a summary order of a fine of KRW 5 million for violating the Road Traffic Act in the Gwangju District Court's net support on September 22, 2015, as well as three times in total.
【Criminal Facts】
On September 2, 2020, at around 22:14, the Defendant appears to be a clerical error in the “feling” of the B Ethz facts charged on a two-lane road near the Hoamba bus platform located in the Gamyang-si, Mayang-si.
When a vehicle was set a string while driving a vehicle with an emergency, etc., he/she received 112 reports on the establishment of the vehicle at the site and received 112 reports on the fact that the vehicle was placed at the site, and smelled from D in the circumstances belonging to the Gwangjin-gu Police Station C Zone of the Mineyang Police Station, and the defendant's entrance in the site is serious, face is red, and there is a reasonable ground to recognize that the string was driven while under the influence of alcohol, such as a string distance.
On September 2, 2020, the Defendant did not comply with a police officer’s demand for the measurement of drinking alcohol in a manner that puts a drinking measuring instrument into a drinking measuring instrument by inserting it out from a slope F belonging to the same district unit in light-si E on September 2, 2020, even though the Defendant was demanded to comply with the demand of a police officer for the measurement of drinking alcohol in a manner that embling the measuring instrument for about 15 minutes, and without inserting the air into the air, at around 22:45.
As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Investigation report (report on the circumstances of an employer-invested driver);
1. Previous records: Criminal records and other inquiries, investigation reports (Attachment to a summary order, etc. of the same kind of suspect), and application of Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The fact that Article 62(1) of the Criminal Code recognizes and reflects the defendant's fault.