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

[Criminal Power] On June 30, 2014, the Defendant was ordered to suspend indictment for the violation of the Road Traffic Act at the Ulsan District Prosecutors' Office.

【Criminal Facts】

Around 22:50 on April 1, 2020, the Defendant was driving a Cice on the road in front of the Ulsan-gun Budio, Ulsan-gun, and received a report on 112 that “A certain person has continuously driven an engine and moved a vehicle while seated,” and was demanded to comply with a drinking test by inserting it into a drinking measuring instrument twice more than 20 minutes from the slope where he/she was called out, for the reason that there is a reasonable ground to recognize that he/she driven a vehicle while under the influence of alcohol, such as drinking, smelling, and raising red on the face, etc. from the slope where he/she was called.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to an investigation report (a decision not to institute a prosecution);

1. Relevant Articles 148-2 (1) and 44 (1) and (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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; the fact that the person has a history of drinking alcohol driving once a reason for sentencing; the fact that the person disposes of the vehicle and repents the crime; the reason why the person has refused to drive alcohol and to measure alcohol; and the occupation, age, environment