A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 14, 2009, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on June 9, 2015, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime from the same court.

On September 18, 2020, the Defendant: (a) driven under the influence of alcohol on the road in front of the C cafeteria located in Busan Northern-gu B; (b) from the border D belonging to the Busan Northern Police Station, who called the site after receiving a report on 112 stating that “the operation of drinking is presumed”, the Defendant driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

Nevertheless, the defendant was able to receive money from the defendant.

D. Sampi, I am special.

한번만 봐줘, 난 안 분다.

”라고 말을 하면서 음주측정기를 불어 대는 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's oral statement or investigation report on the circumstances of the driver who is the main driver (the main driver's circumstantial report);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition in full view of the following: (a) there is no fact of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) his/her mistake is against himself/herself; and (c) motive and circumstance of the crime