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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 25, 2009, at the Daegu District Court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on December 19, 2014, the Defendant issued a summary order of KRW 3 million for the same crime at the Ulsan District Court.
around 23:00 on January 21, 2020, the Defendant driven D 140 automobiles from the old door to the underground parking lot located in the same Gu B from the old door to the old door door in Ulsan-gu, Ulsan-do.
During the patrol after receiving a report that there is a suspected vehicle for drunk driving at around that time, the police officer F of the Ulsan Central Police Station Estation assigned to the Ulsan Central Police Station: (a) discovered the Defendant who was driven in the street in the vicinity of Ulsan-gu G, Ulsan-gu, and was placed a siren and was stopped; (b) however, the Defendant neglected and continued to drive the vehicle and continued to stop until the above C Underground Parking Lot.
As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, snheinging, routing, and photographing, etc. from F in the above circumstances, which the Defendant was trying to drive at the same time as the above C underground parking lot, and driving at the same time, the Defendant was demanded to comply with the measurement of alcohol by inserting four minutes from around January 22, 2020 to around 00:05 to about 15 minutes in a breath of alcohol measuring instrument.
Nevertheless, the Defendant avoided the fire of a drinking-free measuring instrument in a manner that does not go against the entrance, and did not comply with a police officer’s request for a drinking-free measurement without justifiable grounds.
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. Examination results of the crackdown on drinking driving, and photographs of the report on the state of the drinking driver's standing;
1. Investigation report (report on the circumstances of an immigration driver);
1. A previous conviction in judgment: An inquiry letter and application of a summary order under Acts and subordinate statutes;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;