A defendant shall be punished by imprisonment for a term of one year and two months.

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 31, 2012, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court due to a violation of the Road Traffic Act.

On October 25, 2019, at around 03:25, the Defendant stopped and fastened a vehicle on the road in the influence of alcohol from the roads near Busan Metropolitan City, C to the front of the D apartment, while driving a motor vehicle in front of the D apartment at the same time. The Defendant did not comply with the request of the Defendant to take a drinking test in a manner of putting in the drinking measuring instrument three times from around 03:44 of the same day to 04:07, without justifiable grounds, even though he was required to comply with the drinking test by putting the breathm in front of the D apartment at the same time after receiving 112 report.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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 conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The recognition of the crime and reflect on the past that there is only one history of punishment for the violation of the Road Traffic Act (driving)