The sentence against the accused shall be determined by one year and six months of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On December 23, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】 Around 05:20 on Jan. 19, 2020, the Defendant was driving a B car with B car and driving it on the front of the Kim Jong-si road, resulting in a traffic accident involving the part of the Defendant’s vehicle behind the front of the Defendant’s driving direction, resulting in a shock of the part of the Defendant’s vehicle behind the Defendant’s driving direction, and then sent back to the G Hospital emergency room in Kim Jong-si.

At around 06:05 on the same day, the Defendant received a report from the emergency room of the above G Hospital, and received a request from the Inspector I, who is a police officer belonging to the Kim Jong-gu Police Station, to respond to the measurement of alcohol by inserting the breath in a breath method, on the grounds that there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as the Defendant’s breath, red, and the body is not well

Nevertheless, the defendant refused the above police officer's request for the measurement of drinking while crossing, and did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Refusal of measurement);

1. Reports on traffic accidents, reports on accident sites and photographs, and reports on the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, repeated statements, summary orders (Act No. 2011479, Jul. 1, 2010);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. Determination of sentence: