A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 18, 2016, the Defendant was issued a summary order of KRW 8 million by the Seoul Eastern District Court due to the crime of violation of the Road Traffic Act.

On August 23, 2019, at around 04:50 on August 23, 2019, the Defendant was required to comply with a drinking test by inserting four minutes of the alcohol measuring instrument into a drinking-free driver for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as the Defendant’s walking condition from the slope E belonging to the Seoul Gangnam-gu Police Station D District Police Station, which was called out after receiving a report on the suspicion of a drinking-free driver while driving the CMW car on the front of Gangnam-gu Seoul, Seoul.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

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. A statement prepared by the F;

1. Investigation report (report on the circumstances of an immigration driver);

1. Cradic and visual images;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of summary order);

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentencing of Article 62-2 of the Criminal Act shall be determined as ordered in consideration of various sentencing conditions shown in the instant pleadings, such as the background of the instant crime and the defendant’s same criminal records.