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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 16, 2001, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 7, 2006, a fine of 3.5 million won for a violation of the Road Traffic Act (refluence of noise) at the Cheongju District Court on September 7, 2006, and a fine of 4 million won for a violation of the Road Traffic Act (refluence of noise) at the Daejeon District Court on May 13, 2008.
On August 9, 2013, at around 21:52, the Defendant, while driving a B K5 car under the influence of alcohol on the front road of the Jamama-dong, Seo-gu, Daejeon Metropolitan City, to the same village apartment road in front of the same 121-dong, at the same time, stopped on the road while driving on the emergency lights of the above vehicle on the road.
The defendant was required to take a alcohol test three minutes from 22:24 to 27 minutes on the same day, but did not comply with the request without justifiable grounds, on the grounds that there are reasonable grounds to suspect that the defendant was under the influence of alcohol due to shock, shocking, breathing, heavy snowing, etc. from D located in the Daejeon Police Station C District of the Daejeon Police Station, which was called upon receipt of a report by 112.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Application of statutes concerning criminal records;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall be considered that there is no penalty heavier than the fine, and that there is any reflective error, etc., although it has been twice the same kind of punishment);
1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;