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 this judgment became final and conclusive.

Punishment of the crime

On March 7, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (Refusal of measurement of noise level) in the sexual support of the Daegu District Court.

On October 19, 2020, at around 14:10, the Defendant: (a) 14:10, the part on the loading of the DNA cargo vehicle driven by C, which is parked on the front of the Cheong-gun, Cheong-gun; (b) was shocked with the front part of the E-Poter cargo vehicle driven by the Defendant; and (c) during the course of dealing with the accident, C was not well ar between the Defendant and the Defendant; and (d) reported the Defendant to the police.

The Defendant, at around 15:10 on the same day, voluntarily driven with the F box belonging to C and the F box belonging to C, and voluntarily driven with H on the same day, and there exist reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling from the security guards H, sniffing on the face, setting a redlight, and driving a motor vehicle during the influence of alcohol on three occasions from around 15:10 of the same day to around 15:30 of the same day, the Defendant did not comply with a request for the measurement of alcohol, and did not comply with a request for the measurement of alcohol by a police officer without justifiable grounds.

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

Summary of Evidence

1. A written statement prepared by the defendant in his/her legal statement, reporting on the occurrence of traffic accidents, actual condition survey report, and accident site photograph;

1. Report on circumstantial statements, investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, and investigation report (related to refusal of the measurement of drinking alcohol);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and related case lists;

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. To take special account of the defendant's reflectivity, health conditions, such as history of surgery of president cancer, traffic crime records, etc., as well as the reason for sentencing under Article 62 (1) of the Criminal Act;