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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.
Reasons
Punishment of the crime
On September 15, 2009, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.
On December 2, 2019, the Defendant: (a) was driving a k7 B K7 car on December 23:45, 2019 and was making a 112 report to the effect that “A vehicle suspected of drinking is in a vehicle” in the vicinity of the education building distance in Ulsan-gu, Ulsan-gu, Seoul-do, Police Station C District of the Ulsan-gu, Police Station C District, which was called by the Defendant, and was driving a vehicle under the influence of alcohol by inserting the vehicle into a drinking measuring instrument in an inaccurate and inaccurate manner; (b) the Defendant was demanded to comply with the drinking test by inserting the vehicle into a drinking measuring instrument; (c) but (d) the Defendant refused to comply with the drinking test without justifiable grounds by avoiding it.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of records of sound driving) of the defendant's legal statement, the report on his/her circumstantial statement made by the driver under influence of alcohol driving and criminal investigation records;
1. Relevant provisions of Article 148-2 (1) and Article 44 (2) of the Road Traffic Act concerning the facts constituting 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 sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture shall be determined by taking into consideration all the sentencing conditions, including the background leading to the crime of this case, the defendant's age and environment, circumstances after the crime, and criminal records;