Defendant shall be punished by imprisonment for a term of one year and four 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

On November 21, 2013, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act at the Busan District Court on November 21, 2013, and on August 22, 2014, the said court was sentenced to a fine of five million won for a violation of the Road Traffic Act.

On February 6, 2020, at around 04:06, the Defendant driven a FM520 vehicle on the front road located in Ckib in Gangseo-gu Busan Metropolitan City, and was able to drive a vehicle on the road. On the ground of considerable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, drinking, and sprinking, drinking, drinking, and drinking, on the face of the Defendant from G belonging to the Busan Gangseo Police Station, who was dispatched after receiving a report, and making a heavy snow, etc., the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, despite having been requested from 04:35 to 04:52 on the same day to put the drinking measuring instrument into a drinking measuring instrument three times for about three occasions.

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. Report on the circumstantial statements and investigation report of the host driver;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (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 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant drives a motor vehicle with drinking alcohol even though he/she had the record of being punished for the same kind of criminal records on several occasions, and refuses to take a drinking alcohol measurement as indicated in the judgment below

However, the defendant made efforts to avoid drinking by driving a substitute driver, etc., and the suspended sentence of imprisonment without prison labor or more for the last twenty years is imposed.