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 November 28, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Daegu District Court on the same day. On February 13, 2008, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the same court.

【Criminal Facts】

On November 21, 2019, while driving a B K7 car while under the influence of alcohol at around 22:00 and driving the B K7 car on the Eth page of the road in Busan City, the Defendant caused an accident involving the FM car parked on the road from D on the Eth page, and was in charge of the accident back to H at the time of Gyeongsan. Upon receipt of the report, the Defendant did not comply with the request of a police officer by the police officer without justifiable grounds, even though the Defendant was requested to avoid drinking measurement by inserting the alcohol measuring instrument for three times in total on three occasions from 22:59 to 23:11 of the same day, the Defendant was in receipt of the report and sent to the above place, and there is considerable reason to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s statement of the witness who was driven by the Defendant.

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. The K's statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Investigation report (related to refusal of measurement);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is advantageous to the fact that there has been several times of punishment for the same crime.