A defendant shall be punished by imprisonment for one year.

except that 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 24, 2011, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On June 22, 2020, around 22:40 on the front side of Gangnam-gu Seoul, the suspect A was required to comply with the drinking test by inserting the breathm measuring instrument into a drinking measuring instrument over about 15 minutes, on the ground that there are reasonable grounds to recognize that the suspect driven under the influence of alcohol, such as drinking, drinking, smelling, drinking, drinking, drinking, drinking, drinking, drinking, walking, etc., from the Seoul Gangnam-gu Police Station for Traffic and Police Officers affiliated with D who called up after receiving 112 reports while driving C's motor vehicle under the influence of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고 “거부할게요. 한 번 더 거부할게요. 아, 좀 봐줘요. 좀 이따 불게요. 물 한 번만 더 줘요. 나 경찰서 가서 불면 안돼요 좀 해줘요. 나 거부할게요.”라고 말하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. On-site images of the police statement regarding E;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (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. The reason for sentencing under Article 62(1) of the Criminal Act is that it causes a traffic accident and refuses to take a sobage test is disadvantageous to the defendant.

However, in consideration of the fact that there was no personal injury due to the above traffic accident, there was no violation of traffic regulations since 2011, and the fact that confession and depth reflects the crime in this case, the punishment is determined as ordered.