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 14, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving on a sound driving) at the Gyeyang-gu District Court, and a summary order of KRW 2.5 million for the same crime at the same court on July 18, 2018, respectively.

【Criminal Facts】

On April 22, 2020, the defendant, at around 21:53 on April 22, 2020, has stopped after driving approximately approximately 100 meters of the B AS car on the roads in the Gunpo-dong, Sipo-si, Sipo-si.

Defendant

On the front side of the vehicle, C driver's front penter of C driver's driving, who was a stop, was shocked to the left side of the Defendant's vehicle, and around 22:25 on the same day, the driver was required to comply with the alcohol measurement by inserting the breath in a manner of putting the breath into the Defendant's breath for about 15 minutes, on the ground that the driver was under the influence of alcohol after receiving the above C- C- 112 report of the same content, and was placed in D-D with the driver's breath of the 22:25 report of the same content.

Nevertheless, the defendant refused to take a drinking test, such as not breathing, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving and the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Investigation report and report on detection of a host driver;

1. Photographs of the accident site and the measuring condition of drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

1. Relevant Articles 148-2 (1) and 44 (1) and (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. Article 62 (1) of the Criminal Act;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;