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.

Criminal facts

On February 8, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Busan District Court on February 8, 2007, and 2.5 million won for the same crime at the Changwon District Court on December 20, 2010 and was under the influence of alcohol.

피고인은 2019. 8. 18. 04:40경 창원시 의창구 B에 있는, C회사 앞 도로에서 술에 취해 시동을 켠 채 D 싼타페 승용차에서 잠을 자고 있다가 통행인인 E가 이를 발견하고 피고인에게 “차를 두고 걸어서 가세요”라고 말을 하자 위 승용차를 운전하여 같은 구 F모텔 앞 도로까지 약 50m 거리를 운전해 갔다.

Therefore, the above criminal defendant's 112 report and the defendant's 112 police box of the Changbu Police Station Gstation of the Changbu Police Station who called to the scene led the defendant to drinking alcohol, and judged that there are reasonable grounds to recognize that the defendant was under the influence of alcohol, such as the defendant's smelling from the defendant's entrance, in-depth and in-depth distance, etc., and requested the defendant to respond to the drinking alcohol measurement by inserting the breag into a drinking measuring instrument over about 37 minutes from April 8 to 05:25 of the same day, but the defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and report on the state of drinking drivers;

1. Investigation report (on-site conditions when a person driving a motor vehicle, a person driving a motor vehicle, or a person refuses to measure alcohol);

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and summary order (2 cases);

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 crime of this case committed with the reason of sentencing under Article 62-2 of the Criminal Act and the order to attend a community service order and the order to attend a lecture, and failing to comply with the measurement of drinking by the police officer without any justifiable reason, is severe punishment.