A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 29, 2019, at around 00:59, the Defendant was driving EMW motor vehicles from the underground parking lot of the building C located in Gangnam-gu Seoul to the front road of Seocho-gu at the same time. Upon receipt of a report from the Seocho-gu control center and 112, the Defendant stopped the above motor vehicle on the same road on the first-lane of the road and was found to be locked by a police officer belonging to the Seocho-gu Seocho Police Station called up after receiving the report. At the time, the Defendant was snicking, snicking, snowing, string, string, string, faceing, string, string, and reduced drinking, and thus, the Defendant was in response to the demand of the police officer belonging to the Seocho Police Station at around 0:41 on May 29, 2019, around 0:46 on the same day, around 00:53 on the same day, around 50:50 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on the actual state of the driver;

1. A report on investigation (report on the status of an immigration driver) and a report on internal investigation;

1. Previous convictions in the judgment: Criminal history records (A) [it is difficult to see that there is any unlawful defect in the drinking measuring procedure as asserted by the defendant and his defense counsel, and in particular, according to F's testimony, which is a police officer who requested a drinking test at the time, the defendant's withdrawal of drinking, but the rebreathesis was not possible, and his/her own will was able to be expressed. Nevertheless, the police officer's continued drinking test failed to take a passive measure, such as stop of pulmon and stop his/her constant drinking, or prevent his/her breathesis, and such act was repeated continuously for a certain period. This is judged to fall under the case where it is objectively evident that the intention of refusing to respond to the measurement is objectively evident due to repeated refusal for a certain period of time).

1. Criminal facts;