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

[Criminal Power] On October 5, 2009, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 12, 2019, at around 20:50 on September 20, 2019, the Defendant driven a C-learning car at a distance of about 20km from the cafeteria to the parking lot of the building B in Gyeyang-si, Busan, and received a 112 report that there was a vehicle suspected of drinking while diving in the above parking lot, and received a notification from the police officer E belonging to the police officer of the Yangsan Police Station D Police Station, who called for the above parking lot, and received a notification that there was a vehicle suspected of drinking while driving under the influence of alcohol, and accordingly, the Defendant was demanded to respond to the measurement of drinking in such a way that the Defendant driven under the influence of alcohol, such as drinking, in an incorrect manner, and making it inaccurate for him/her to have driven under the influence of alcohol.

Nevertheless, the defendant informed the person who reported 112, and refused the above police officer's request for a drinking test, and failed to comply with the police officer's drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the usage register of a drinking-free measuring instrument, a report on the circumstantial statements of a drinking-free driver [former records] criminal records, etc., and the application of two copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] has been punished three times for the crime of drunk driving, but the defendant has been led to the confession of the crime of this case, his mistake has been repented, and there has been no history of being punished beyond the fine, and driving under the influence of alcohol.