Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 3, 2011, the defendant was issued a summary order of a fine of three million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) by the Jeju District Court, and on April 21, 2017, the defendant was sentenced to a suspended sentence of two years for the same crime by the same court.

[Criminal Facts of crime] On October 3, 2019, at around 09:53, the Defendant reported 112 on the road in front of “C” in Jeju City, “C,” and demanded that the Defendant comply with a drinking test by inserting the breath in a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the breath’s face being red, etc., and that the Defendant was in the influence of alcohol, but the Defendant violated Article 44(1) or (2) of the Road Traffic Act at least twice by failing to comply with a police officer’s request for a drinking test on three occasions, such as around October 3, 2019, around 10:10, around 10:17, and around 10:22.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the second protocol of examination of suspect against the defendant prepared by the police;

1. A statement prepared in the F;

1. Entry and video (including attached documents) of a report on investigation by the police (Attachment of CCTV photographs for crime prevention);

1. Statement of the circumstances of the driver and the investigation report prepared by the police, each entry into the police; and

1. Previous records: Entry of inquiry report into police preparation by the police, application of each investigation report prepared by the prosecution (report attached to a copy of the judgment of like A of a suspect, report attached to a copy of the judgment of criminal suspect, confirmation report on the record of punishment of the suspect, and attached documents);

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. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.