Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In Daegu District Court, the Defendant received a summary order of KRW 1.5 million on March 16, 2010 and a summary order of KRW 4 million on April 23, 2013 from the Daegu District Court.

On November 2, 2019, the Defendant: (a) driven a B Poter freight on the front side of the E- pharmacy located in Busan Metropolitan City, and was exposed from G to the situation where the F District of the Gyeongsan Police Station was located, due to the signal violation; (b) there were reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, such as smelling and smelling red on the face, and (c) from around 17:41 on the same day, the Defendant was demanded to comply with the drinking test by inserting the whole fluor for three minutes between about 15 minutes in total.

Nevertheless, the Defendant violated the prohibition of drunk driving under the Road Traffic Act by failing to comply with a police officer’s request for a sobreath test without any justifiable reason, which means that “I dn't d't have to complete the sobath, and six illness d's d't have been subject to a punishment without any conditions.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which 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 Article 62-2 of the Criminal Act on Probation has three times the history of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, the control standards and statutory punishment were significantly strengthened after the implementation of the current Road Traffic Act, and the punishment for the crime is somewhat weak considering that the police officer's request for the measurement of alcohol is not complied with.