A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 28, 2009, the Defendant received a summary order of KRW 700,00 from the Busan District Court to a fine for a violation of the Road Traffic Act.

On August 5, 2020, the Defendant driven a vehicle while under the influence of alcohol, such as a string distance, while drinking alcohol, by receiving a report from the slope F belonging to the Busan Coast Guard E Zone E Zone in the Busan Coast Guard, which was called out, on August 5, 2020, that “the drinking male shall drive the stalb,” when he was sittinged into the dalbb, and was diving at the ground parking lot adjacent to Busan Shipping Daegu apartment C, Busan Metropolitan Government, and was under the influence of alcohol.

As there are reasonable grounds to recognize, it was demanded from 06:09 to 06:48 of the same day to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument four times on the same day.

Nevertheless, the defendant does not explicitly measure drinking alcohol.

In other words, the police officer did not comply with a request for a measurement of drinking without justifiable grounds by avoiding the method of refusing to measure drinking.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement that contains a report on detection of the driver at the main driver, the investigation report on the situation of the driver at the main driver (time 4), the investigation report (in cases of attaching images, etc.), and the investigation report (in cases of driving distance of the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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

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 suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act are as follows: (a) the case of refusing to comply with a police officer’s demand for alcohol measurement while driving under the influence of alcohol to the extent above; and (b) the case has the same strength.

However, the fact that the defendant recognizes the crime of this case and reflects it and is more than a fine.