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 becomes final and conclusive.

Punishment of the crime

On August 5, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on November 13, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime from the Busan District Court's East Branch.

On October 31, 2019, at around 22:13, 2019, the Defendant had reasonable grounds to suspect that the Defendant driven CM3 motor vehicles under the influence of alcohol by drinking, such as the Defendant’s smelling, smelling, drinking alcohol, and reducing drinking reaction, etc. on the roads in front of Gangseo-gu Busan City, Busan, and the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds on the grounds that he/she failed to comply with the demand for a drinking test by inserting the drinking measuring machine into the drinking measuring machine by five times in total from the E of the Busan Gangseo-gu Police Station D until 22:37 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);