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

On October 30, 2013, the Defendant was issued a summary order of KRW 4 million by the Busan District Court as a crime of violating the Road Traffic Act.

On July 31, 2020, at around 03:15, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments over about 10 minutes, for the reason that there are reasonable grounds to recognize that the said vehicle was driven under the influence of alcohol, such as smelling and smelling on the face of the Busan East Police Station, after receiving a report from D that the said vehicle was driven by other automobiles while driving a C-crin vehicle under the influence of drinking on the front side of the Busan East-gu, Busan.

Nevertheless, the Defendant avoided this and failed to comply with a police officer's request for alcohol measurement without any justifiable reason, thereby violating Article 44 (1) or (2) of the Road Traffic Act more than twice.

Summary of Evidence

1. A previous offense case in which the defendant's legal statement is made: The defendant's oral statement, the circumstantial statement, the investigation report, the report on detection of the driver, and the investigation report (Evidence Nos. 6): the application of Acts and subordinate statutes to the investigation report (the confirmation of criminal records of the same kind); and

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. Taking into account the fact that the defendant has the same record as the defendant for sentencing of Article 62-2 of the Criminal Code of the community service order, and is against the defendant.