A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On March 27, 2019, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act.

On July 2, 2020, at around 23:54, the Defendant: (a) driven a D bargaining car while drunkly driving from the Bridge in about 800 meters from Asan City to C in about 800 meters direction; (b) went ahead with the front wheel of the center of the road; and (c) subsequently, upon receiving a 112 report from the Chief F of the ASEAN Police Station Ecomctation of the Busan Police Station, who called to the site, “a vehicle is being set off on the side, and is under drinking condition; hereinafter the same shall apply) and was called to the site, the Defendant did not comply with a request of a police official for a sobreathing test, even though the Defendant was demanded to comply with a drinking test on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a driver seat at the driver’s seat, making a red light on the face, making a smelling, etc.; and (d) did not comply with the demand of a police official for measurement, without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Each report on investigation;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, previous records of disposition and report on results of confirmation (No. 18 of the evidence list);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to recognize and reflect the defendant's mistake in sentencing, the defendant's family members want to take a preference while leading to his guidance. The reason why the defendant's family members want to take a drinking test of this case, the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be determined as the order.