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 December 18, 2019, the Defendant filed a summary order of a fine of KRW 6 million with the Daegu District Court Kimcheon Branch of the Road Traffic Act (hereinafter referred to as the "Monju") on the charge of violating the Road Traffic Act.

On December 19, 2019, at around 23:35, the Defendant driven a FS350 vehicle under the influence of alcohol on a section of about 500 meters from the front of C in the Gu-si B to the front of E in D, and stopped on the side.

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, debrising, and routing off the body of the Defendant from G District of the police station G District, which was dispatched to the site after receiving a report that the Defendant would be suspected to drive under the influence of alcohol at the time, the Defendant failed to comply with a police officer’s request for the measurement of alcohol without justifiable grounds even though the Defendant was requested from 23:49 to 23:57 on the same day by inserting approximately three minutes in a measuring instrument for drinking alcohol at least three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A copy of the ledger of measuring instruments for drinking;

1. Application of Acts and subordinate statutes concerning report on internal investigation (referring to report on suspect A's refusal to take a alcohol level);

1. Relevant Articles 148-2 (1), 44 (2) and (1) 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. The sentencing grounds of Article 62-2 of the Criminal Act, including the degree of drinking, driving distance, circumstances leading the defendant to drive, the status of the defendant at the time of driving, the criminal records of punishment of the defendant, and all the sentencing conditions shown in the records and arguments of this case, shall be determined by taking into account the following factors: