A defendant shall be punished by imprisonment for a term of one year and four months.

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

[Criminal Power] On March 2, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Chuncheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 24, 2019, at around 03:53, the Defendant: (a) driven a DK7 car on the front road located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and (b) was reported to the police officer belonging to the Hongcheon Police Station E zone, who was traveling in an abnormal manner, and was in receipt of a report on the fact that the Defendant was driving, and was in the state of under the influence of alcohol, such as drinking, drinking, drinking, holding red on the face, and speaking, etc., and accordingly, was demanded to comply with the request for a drinking test by inserting it into a drinking measuring machine over four occasions at around 04:05 on July 24, 2019.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 할 뿐 제대로 호흡측정에 응하지 아니하는 방법으로 정당한 사유 없이 경찰공무원의 정당한 음주측정 요구를 거부하였다.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Investigation reports and internal investigation reports (on the state of dispatch to the site, etc.);

1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Video CDs that refuse to take a drinking alcohol test;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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. Judgment on the defendant and his/her defense counsel's assertion regarding orders to provide community service and attend lectures

1. Defendant and his defense counsel’s assertion

A. Article 31(5)3 of the Korean National Police Agency’s Guidelines for Traffic Control provides that a person suspected of driving a motor vehicle is a police officer unless he/she explicitly expresses his/her intention.