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 March 20, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 15, 2019, at around 11:40, the Defendant was demanded to respond to a drinking test by inserting alcohol into a drinking measuring instrument four times in a manner that makes it difficult for the Defendant to recognize that he was driven under the influence of alcohol, such as smelling, snicking, walking, etc. from a slope E belonging to the D District Unit of the Suwon Middle Police Station D District of the Suwon Police Station, while driving a motor vehicle with Cromatic in the front direction of the Suwon-si B.

Nevertheless, the defendant did not comply with a police officer's demand for alcohol measurement without any justifiable reason, such as taking a bath against a police officer, avoiding it, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person prepared by the F;

1. Actual condition survey report, traffic accident occurrence report, and investigation report (report on the actual condition of the driver concerned);

1. Notification of the control of drinking driving;

1. Vehicles and photographs refusing to measure alcohol;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeatedly made for the reason for sentencing);

1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education was that the Defendant refused to take a drinking test by making a speech and behavior that seems to cause danger and injury while continuously putting the police officers who demand the measurement of drinking at the time of the instant crime.

The defendant, while driving under the influence of alcohol, has caused a traffic accident that conflicts with the surrounding vehicles and left the place as it is and called out after receiving a report.