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

[Majority Opinion] On March 17, 2011, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Jung-gu District Court.

[criminal facts] Around 00:37 August 27, 2020, the Defendant requested the Defendant to comply with a drinking test by inserting a drinking measuring instrument at around 00:0,01:30, and around 01:35, the Defendant violated Article 4(1) or (2) of the Road Traffic Act by failing to comply with a police officer’s request for a drinking test without justifiable grounds and failing to comply with a drinking test by failing to comply with a police officer’s request, even though the Defendant was requested to comply with a drinking test by inserting a drinking measuring instrument at around 00:0 on August 27, 2020, at around 01:20, around 01:30, around 01; and around 01:35, around 01:35.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement and image (including accompanying documents) of a police investigation report (CCTV image verification, etc.);

1. Statement of the circumstances of a driver taken-off in police preparation, investigation report (report on the circumstances of a driver taken-off), notification of the results of the control of drinking driving, investigation report (as regards the date, time, and place of the final drinking); and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Criminal Act;