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 November 25, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 25, 201, and was sentenced to a summary order of two million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 8, 2013. On November 26, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Busan Southern District Court’s Branch Branch on November 26, 2014.

【Criminal Facts】

On October 26, 2018, at around 17:35, the Defendant driven CM5 car under the influence of alcohol from the front door of the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government to the 150-gil 21 street from the old city to the 150-gil 21 street.

Police Officers D, etc. belonging to the Seoul Geumcheon Police Station, which received 112 reports to the effect that the Defendant interfered with vehicle traffic, had considerable reasons to recognize that the Defendant was driving under the influence of drinking, such as smelling alcohol at the Defendant’s entrance, snicking on face, etc., and the Defendant moved to the Public Security Center 21-5 Mosan-dong, Geumcheon-gu, Geumcheon-gu, Seoul. The Defendant was refused to take a drinking test, despite having received a request for a drinking test by inserting the alcohol in the manner of inserting it into the drinking measuring instrument, for about 20 minutes from the police officer D around October 26, 2018 (round 18:00 of the first demand, around 18:10 of the second demand, around 18:15, and around 18:20 of the same day as the second demand, around 15, and 18:20 of the same day as the fourth demand).

Accordingly, the defendant did not comply with a police officer's demand for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and control manual;

1. Video CDs for which a drinking alcohol measurement is refused;

1. Previous convictions in judgment: Application of criminal records, written judgments, and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.