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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 August 31, 2006, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the Busan District Court.
On October 25, 2019, at around 01:32, the Defendant was asked to take a drinking test by inserting the drinking measuring instrument for about 21 minutes from around 02:21 to around 02:42 of the same day on the same day, the Defendant was under the influence of alcohol while driving the vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, measuring alcohol, measuring alcohol, measuring alcohol, measuring alcohol over about 21 minutes from around 02:21 to around 02:42 of the same day.
Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument without justifiable grounds, and failed to comply with a police officer’s request for a drinking test.
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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Investigation report (Violation of the Road Traffic Act) and on-site photographs;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, confirmation of the same kind of power, and application of Acts and subordinate statutes of a copy of summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had a record of being punished for drunk driving.
However, it acknowledges and reflects his mistake at the latest;