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 February 10, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on February 10, 2014

On September 19, 2019, the Defendant was required to comply with the measurement of drinking alcohol by inserting 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 making a large amount of smells, the face of the Defendant, while driving a motor vehicle in front of a city B at Asan City, and receiving a report of drinking, from the slope E belonging to the police box called up after receiving the report of drinking, while driving the motor vehicle in front of a city B, the Defendant did not comply with the request without justifiable grounds, despite the fact that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a large amount of smells, while driving the motor vehicle in front of a city B, and driving the motor vehicle.

As a result, the Defendant did not comply with the demand of a second-class police officer for a alcohol test even though he had a history of driving a motor vehicle while drunk.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A reply to criminal records, etc., report on the result of dispositions and confirmation, and application of Acts and subordinate statutes concerning summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (2) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is high possibility of traffic accidents, and thus, it is very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the occurrence of traffic accidents, and even if so, to prevent such crimes, the defendant is bound to bear strict responsibility. The defendant also conducts a test of drinking driving even though he has a record of punishment of fines due to drinking driving, as stated in the judgment.