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

The Defendant was sentenced to a suspended sentence of two years on October 12, 2012, a fine of KRW 5 million on January 22, 2015, a fine of KRW 6 million on April 25, 2016, and a suspended sentence of two years on April 25, 2016, in a military mountain support of the Jeonju District Court.

At around 1:05 on April 29, 2020, the Defendant: (a) while driving a Csch Rexroth car on the front of Sinsan City B, on the road, “A person who drives the same drinking beverage shall do so; (b)” was refused to measure the alcohol for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking alcohol on the Defendant’s entrance from the seat of the military police station affiliated with the military police station called up after receiving the 112 report, and by drinking alcohol in an inaccurate manner. However, the Defendant was demanded to comply with the alcohol measurement by inserting it into the alcohol measuring instrument from around 1:50 on the same day, but for about 20 minutes, the Defendant refused to measure the alcohol for drinking.”

As a result, the Defendant did not comply with a police officer’s demand for a alcohol test without any justifiable reason on a person who violates the prohibition of driving under the influence of alcohol

Summary of Evidence

1. A written statement prepared by the defendant E;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of driver under the influence of alcohol, investigation report, report on internal investigation (report on the status of a driver under the influence of alcohol), and report on the results

1. Previous records of judgment: Criminal history records, reply reports (A), investigation reports (Attachment to a copy of the same type of judgment) - Application of each statute of the judgment;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing in Article 62-2 of the Criminal Act is that many and unspecified persons will habitually use the order to provide community service and attend lectures.