A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 28, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on July 28, 2009, and on May 3, 2010, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (refluence of measurement) and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Ulsan District Court on September 5, 2012.

On July 29, 2019, at around 01:00, the Defendant driven B-cap vehicle under the influence of alcohol content of approximately 0.069% at a section of approximately 2 kilometers in front of the unmanned flight test site located in the city-Eup in front of a cafeteria located in the same city-Eup in the water-Eup site.

Accordingly, the defendant refused to take a drunk driving or to take a drunk test not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is divided by: (a) participation of the defendant in the addiction rehabilitation program by himself after committing the crime; and (b) the degree of drinking of this case is relatively insignificant; (c) however, despite the fact that the refusal to take a drinking alcohol level had been punished three times, including the two times of suspended sentence due to the refusal to take a drinking alcohol level, the punishment like the order shall be determined by comprehensively taking into account the following factors: (a) the defendant’s age, occupation, character, family relation, living environment, circumstances leading to the crime, and circumstances after committing the crime.