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.

Punishment of the crime

[Criminal Power] On March 24, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On November 17, 2019, at around 16:20, the Defendant, while driving a Bran vehicle, was under the influence of alcohol in the vicinity of 21 country roads located in 4-54, Cheongcheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongcheon-gu, Yan-gu, Cheongcheon-gu, and stopped there.

At around 17:18 on the same day, the Defendant received a request for a test by drinking alcohol reduction in the prior stage of a test by a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking a large amount of drinking alcohol, referring to an inaccurate and inaccurate drinking, from the police officer D, who belongs to the police officer of the Yandong-dong Police Station C police station, dispatched after receiving a report of 112 regarding traffic accidents.

Nevertheless, the Defendant did not comply with the drinking-free test by a drinking-free test, and the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, despite having been requested several times to respond to the drinking-free test by inserting the whole in a drinking-free measuring instrument from the police officer again, but he did not comply with a police officer’s request for a drinking-free test by stating that it was “abssed........

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A copy of the register of drinking meters; and

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power and change of applicable provisions of Acts and subordinate statutes);

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 Criminal Act;