A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court's branch court's support.

【Criminal Facts】

On July 9, 2019, the Defendant was punished for drunk driving, but on July 23, 2019, at around 29:29, while driving D golf cars on the front side of the Cridge education center located in Busan, Busan, the Defendant was demanded to respond to the drinking test by inserting a drinking measuring instrument for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, drinking, etc. from the Busan East Police Station E and the situation F under which the Defendant was affiliated with the Busan Police Station E, which was under the influence of drinking in the vicinity, while driving D golf cars.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;

1. Report on investigation results;

1. Mobile phone photographing and motion picture CDs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for the crimes of violation of the Road Traffic Act.

3. On September 23, 2008, the defendant who was sentenced to a summary order of a fine of 1.5 million won is punished by the same kind of force in Busan District Court's branch court as a crime of violation of the Road Traffic Act.