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 January 21, 2008, the defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on January 21, 2008. On November 26, 2009, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

【Criminal Facts】

around 10:44 on August 16, 2019, the Defendant received 112 report to the effect that “the suspect has taken a traffic accident and fleded” on the road prior to the 1130 wood audit distance, and received a 112 report, and received the Defendant’s drinking and smelling from C to the police box belonging to the Sinung Police Station B, which was called out, and the Defendant was in an incorrect manner, and there was considerable reason to recognize that the Defendant was driving a motor vehicle while under the influence of alcohol, such as a little big distance, etc., the Defendant was demanded to comply with the alcohol measurement method four minutes from around 15 minutes until around 01:59 on the same day.

Nevertheless, the Defendant stated that he did not drive a drinking house, “I will drink after an accident,” and did not comply with the police officer’s measurement without justifiable grounds.

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. Statement made to D by the police;

1. A report on traffic accidents and a report on actual condition;

1. A report on investigation;

1. The circumstantial statement statement and investigation report of the employer (the report on the status of the employer driver);

1. The user ledger of the measuring instruments for drinking;

1. Related photographs;

1. Previous records: Application of one copy of a reply to inquiries, such as criminal records, investigation reports, and outputs of the decision of related cases, respectively; and

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: