A defendant shall be punished by imprisonment with prison labor for up to six months.

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 May 17, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on May 17, 2010, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on October 8, 2013, respectively.

【Criminal Facts】

On February 26, 2015, the Defendant driven a CM5 car while drinking alcohol at around 21:00 and driving the 201-26 front road in Ansan-si, a central separation unit was stopped while driving the 201-26 front road. On February 26, 2015, the Defendant failed to comply with a police officer’s request for the measurement of drinking alcohol by avoiding it without justifiable grounds, even though it was required to comply with the alcohol level for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling and smelling on the face, etc. from the police officer of the Ansan-gu Police Station D police box called at the site at the time, and driving the 201-26 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the state of de facto operation;

1. Relevant Articles 148-2 (1) 2 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be considered that there is no enemy who has been sentenced to imprisonment or more severe punishment for the same crime);

1. Probation under Article 62-2 of the Criminal Act;