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

On June 2, 2009, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Ulsan District Court.

On December 20, 2019, at around 19:58, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about five minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, from F of the police box belonging to the Ulsan Police Station Emba, who was dispatched to the site after receiving a traffic accident report, while driving DJP on the front of the road located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun.

Nevertheless, the Defendant explicitly expressed his intention not to comply with the drinking alcohol measurement and failed to comply with the request for a drinking test by a police officer without a justifiable reason.

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

1. Application of Acts and subordinate statutes on 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s erroneous recognition of and reflects on his/her mistake; (b) the Defendant has no record of punishment exceeding the fine; and (c) the previous offense committed for more than 10 years is more than 10 years under favorable circumstances; and (d) the occurrence of physical damage at the time of drinking driving of the instant case shall be considered under unfavorable circumstances; and (b) the punishment as ordered shall be determined by taking into account the circumstances indicated in the records