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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 23, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Seogu District Court Branch Branch on February 23, 2012.
On September 12, 2020, the Defendant driven a D low-priced car in front of the C convenience store located in Daegu-gun B at around 04:40 on September 12, 2020, while driving it on the road in front of the C convenience store, and was under the influence of alcohol, such as drinking, smelling, red, and inaccurate drinking, from F, while driving it.
Due to reasonable grounds to determine a person, the first 05:14 on the same day, second 05:2 on the same day, third 05:31 on the same day, and third 05:31 on the same day, which was demanded to respond to the measurement of drinking by inserting the breathm.
Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without any justifiable reason and violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report and investigation report on the situation of the driver at the main place of business (with respect to refusal of measurement and refusal of seal)
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation status (the same previous convictions and confirmations);
1. Relevant Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant does not repeat again while recognizing and opposing his/her mistake);