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 August 30, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 30, 2006, and was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on June 14, 2007, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on July 9, 2013.

【Criminal Facts】

On July 21, 2019, at F4:20 on July 21, 2019, the Defendant driven a Dice-type car in front of the Cice-gu in Busan, to the road located in B, set a vehicle at the relevant location, fluence at the convenience store, and reported to 112 by the convenience store employees. Upon receipt of the above report, the Defendant reported to 112 of the convenience store employees. The Defendant was found to have driven a alcohol due to considerable grounds to recognize that he was under the influence of alcohol, such as drinking alcohol, drinking, drinking, drinking, drinking, bluening, and cluening on the face from F of the border of the Busan Fol Police Station E-gu in Busan, which was called after receiving the above report, and failed to comply with the demand of police officers for the measurement of alcohol without justifiable grounds, notwithstanding the fact that the Defendant was requested to comply with the demand of police officers for the measurement of alcohol by putting in a drinking measuring machine at around 05:30.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Photographs related to the case;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which 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 Code of the community service order is that the defendant refuses to take the measurement of drinking although he/she had the record of punishment for drinking driving.