A defendant shall be punished by imprisonment for a term of one year and two 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

On June 15, 2019, around 00:54, the Defendant driven a car with approximately KRW 400 meters from the front day of Heung-gu Seoul Metropolitan Government B to the same Gu C apartment underground parking lot.

At around 00:54 on the same day, the Defendant was required to comply with a drinking test by inserting the vehicle into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving the vehicle under the influence of alcohol, such as the Defendant’s face from the E Zone F, Police Officer, and Police Officer G, who was dispatched to the scene after receiving a report on the suspicion of drinking at the above place, and the Defendant’s face is red, string, and confirmed from the entrance that the Defendant was drinking, and making it a drinking reduction.

Nevertheless, the Defendant, at around 00:59 on the same day, failed to comply with a police officer’s demand for measurement of drinking alcohol while making a measurement of drinking water more and at the same time, and refused the second measurement at around 01:04 on the same day, and refused the third measurement at around 01:10 on the same day, and failed to comply with a police officer’s demand for measurement of drinking alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and photographs at the control site;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a person who has driven a drinking alcohol and failed to comply with the measurement of drinking alcohol by a police officer after receiving a report by the defendant, and the crime of this case is not less than that of the crime, and the defendant has a record of being punished by a fine due to the detection of drinking driving four times.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant is still punished for traffic crimes beyond the suspension of execution.