A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 8, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Central District Court.

At around 04:40 on August 30, 2020, the Defendant caused a traffic accident while driving D D's car while drinking alcohol on the front road of the Gangdong-gu Seoul Metropolitan Government “C”.

After 04:55 on the same day, the Defendant driven a motor vehicle under the influence of alcohol, such as the occurrence of drinking alcohol reaction by a police officer F, who was dispatched after receiving a report of 112 traffic accidents on the road in front of the above "C",

On the same day, around 05:05 of the same day, he/she appeared at the Gangdong Police Station G office in Gangdong-gu Seoul Metropolitan Government within 57.

Then, from around 05:12 to 05:23 on the same day, the Defendant was demanded to comply with the measurement by inserting the breath in a total of three times from H of the circumstances belonging to the above police station at the above G office.

그럼에도 피고인은 음주 측정기 불대에 입을 대고 입김을 불어 넣는 시늉만 하거나 숨을 들이마시는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. The defendant's legal statement I, the J's report on the detection of the driver at home, investigation report on the situation of the driver at home (report on the circumstances of the driver at home), investigation report on the situation of the driver at home (which means the refusal of drinking and the measurement of drinking), on-site photographs, and his/her refusal to measure drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including confirmation of the same kind of past records - summary orders);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).