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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.
Reasons
Punishment of the crime
On July 14, 2019, the Defendant is a member of Ansan-si from the road near C in Si-si, Si-si, Si-si on July 14, 2019.
D. From approximately 5 km section to the road in front, a person driving a car E in a drunken state.
G-owned car was parked on the D street in Ansan-si, Ansan-si. G-owned car was received.
After that, the Defendant, upon receiving the above report on the foregoing traffic accident, had the Haba Police Station of the Ansan-gu Police Station, the Defendant colored the face of the Defendant at the time of the police box I and Police Officers J, and divided the horses into red, and the Defendant refused to take a drinking test by inserting the breath in a manner of inserting the breath of the breath in a breath while under the influence of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol, such as the breath of the breath, etc., and was demanded to comply with the drinking test three times by inserting the breath of the breath, and the Defendant refused to take a drinking test by inserting the breath of the breath in a manner of inserting the breath of the breath.
As a result, the Defendant did not comply with a police officer’s drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Application of traffic accident reports (1) and (2), photographs of traffic accident sites, reports on the state of drinking drivers, records on the use of drinking measuring instruments and records on the use of drinking instruments, and video-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (2) 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 reason for sentencing under Article 62-2 of the Criminal Act is that even though there was a record of punishment due to drunk driving on January 2019, the fact that the instant crime was committed again after several months, etc. is disadvantageous.
However, it is subject to punishment exceeding a fine due to the same kind of crime.