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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Power】 On August 27, 2014, the Defendant was sentenced to a summary order of KRW 3 million at the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on October 11, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months and a suspended sentence of two years for the same crime in the same court.
【Criminal Facts of Crimes】 On April 12, 2020, the Defendant received a report from the Defendant’s house located in the second floor of the house located in Ulsan-gu, Ulsan-gu, Seoul-do, on the second floor, that “the Defendant is driving a CM7 vehicle under the influence of alcohol” and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as explicitly refusing to respond to a measurement of drinking, even though there was considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, red, and raining, etc., from E during the police box belonging to the Ulsan-dong Police Station D (SM7 vehicle under the influence of alcohol) who was called out.
Accordingly, the Defendant violated the regulations on prohibition of driving under the influence of alcohol or the obligations of police officers to respond to a drinking test at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making inquiries into the results of the crackdown on drinking driving, reporting on the circumstantial statement of a drinking driver, processing of 112 reported cases, photographs showing a drinking mode, CCTV image CD, recording file CD, CCTV photograph, and reporting on each investigation;
1. Criminal records, investigation reports, summary order, and application of statutes governing the judgment;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized his/her own crime and reflects his/her wrongness in depth, and that this case’s crime actually incurs a dangerous situation, such as traffic accidents.