A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 26, 2017, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 6, 2020, the Defendant was found to have driven a vehicle parked on the front of the “C” road located in the Geumcheon-gu Busan Metropolitan Government, which was driven by D while drinking alcohol on the front of the “C” road in the Geumcheon-gu, Busan. Accordingly, the Defendant was found to have been under the supervision of F, and the slope G, who was called to the site after receiving a report on the “food Accident” 112.

As there exist reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling a large amount of drinking in the entrance at the time, and snow snowing, etc., the Defendant failed to comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, on the ground that, even though the Defendant received a demand from H of the Busan Geum-gu Police Station H and the slope I belonging to the Busan Fung-gu Police Station to comply with the measurement of alcohol by inserting it into a drinking measuring instrument over about 20 minutes from around 22:3 of the same day to around 22:53 of the same day, on the ground that “the fact that the vehicle was driven by proxy and the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to J and K;

1. A traffic accident report, a report on the circumstantial statement of a drinking driver, a report on internal investigation (referring to the circumstances leading to the control of a drinking driver as the party under suspicion), a report on internal investigation (referring to the circumstances leading to the occurrence of an accident and the face-to-face circumstances leading to the party involved in the accident), and a report on internal investigation (referring to the details of CCTV investigations around

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same kind of power), and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) which select the punishment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;