A defendant shall be punished by imprisonment for not less than one year and six months.

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

On November 10, 2015, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the Gangnam Branch Branch of the Chuncheon District Court on January 5, 2016 to a fine of KRW 5 million for the same crime.

On April 30, 2020, the Defendant was parked in the front bank along the two-lanes of the two-lanes of the road in the south-gu Seoul Metropolitan City B, Ulsan Metropolitan City B, which was around 22:10, and was parked in the front bank, among the two-lanes of the two-lane roads.

계속하여 피고인은 ‘교통사고를 낸 사람이 도주하려 한다.’는 위 D의 112신고를 받고 출동한 울산남부경찰서 E파출소 소속 경장 F으로부터 피고인의 혈색이 붉고, 언행이 어눌하고, 보행이 비틀거리는 등 술에 취한 상태에서 자동차를 운전하였다고 의심할 만한 상당한 이유가 있어 같은 날 22:30경부터 23:00까지 사이에 4회에 걸쳐 호흡조사 방식에 의한 음주측정을 요구받았음에도 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 거부하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents and reports on the actual state of drivers;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations) and report on investigation (to provide statement by a victim's telephone);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) 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. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the defendant’s age, character and conduct, environment and circumstances after the crime, etc.;

The circumstances disadvantageous to him: 3 times of drinking.