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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 April 10, 2018, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 27, 2019, at around 22:14, the Defendant: (a) driven a D car in front of Pyeongtaek-si B while drinking on the front of the D car; (b) was under the influence of alcohol by a drinking-free driver F while drinking-free; (c) was required to comply with a drinking-free test by inserting the brea in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking-free, such as smelling alcohol and smoking on the face; and (d) was required to comply with a drinking-free test by inserting the breath in the influence of alcohol without justifiable grounds.
As a result, the defendant did not comply with the drinking test by a police officer, who violated the prohibition of drinking driving or the prohibition of refusing to measure drinking.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation:
1. The application of Acts and subordinate statutes on criminal records, etc. and investigation reports (verification of criminal records of the same kind);
1. Relevant Articles 148-2 (1) and 44 (1) and (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. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the contents of the crime of this case, the repeated criminal records of the defendant, and other various sentencing conditions under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, character, conduct and environment of the defendant.