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 April 20, 2015, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

On November 12, 2019, the Defendant 21:20, around 21:20 on November 12, 2019, 21: (a) took a warning line of D Kabn-car car driven by the Defendant before a police box located in Mapo-gu Seoul, and took a bath, and (b) took an action, such as moving a vehicle to approximately 40 meters without any warning to the Defendant, and (c) was asked the Defendant to inquire of the Defendant as to whether to drive under the influence of alcohol, and (d) was able to take a drinking test by carrying the vehicle to the above C police box on the same day, and was demanded to comply with the drinking test by inserting it into the drinking measuring machine on the same day.

그럼에도 불구하고 피고인은 약 20분간에 걸쳐 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, and statement of the status of the driver;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The nature of the crime itself is not good, and the circumstances favorable to the fact that the punishment power for drinking traffic accidents is relatively recent but has been punished by a fine: The past power is punished by a fine, the economic situation is not good, and it is against the law.