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 of the final judgment.

Punishment of the crime

On October 28, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in Gyeyang Branch of the Suwon District Court. On February 3, 2016, the same court issued a summary order of KRW 4 million for the same crime. On March 13, 2017, the same court issued a summary order of KRW 7 million for the same crime.

Criminal facts

On November 16, 2019, the Defendant: (a) while driving a CA100-wheeled vehicle with DCA 100 F in front of the front of the Gu in Ansan-si, B around 00:35, the Defendant did not comply with a police officer’s measurement despite the Defendant’s failure to comply with a police officer’s demand for a breath measurement by inserting the breathm 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 alcohol, snick F, etc., belonging to E Zone in the police station E zone during the period of his/her dispatch after receiving the report.

As a result, the defendant driven a motor vehicle under the influence of alcohol not less than twice, and did not comply with a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Photographs at the time of detection;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;