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

On March 13, 2014, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

The Defendant, around 06:19 on April 5, 2020, waiting for a signal while driving a DScar under drinking on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

As is, it was demanded to respond to the measurement of alcohol by inserting the breathm in a breath of the Seoul East Police Station E zone, which was dispatched after being reported 112, on the ground that there are reasonable grounds to recognize that the breath was driven under the influence of alcohol, such as the breath of breath, red and smelling, and the breath of breath from F, and the breath of breath of breath, such as the breath of breath before one hour,

Nevertheless, the Defendant did not accurately put the whole in a drinking-free measuring instrument, and did not comply with a police officer’s request for a drinking test without good cause by evading it, which means “I would like to take a breath measurement. I would like to do this here. I would like to do so here. I would like to do so.”

As a result, the defendant did not comply with the demand of a police officer for the measurement of alcohol even though there are reasonable grounds to recognize that he was under the influence of alcohol as a person who violated Article 44 (1)

Summary of Evidence

1. The defendant's legal statement on the circumstances of his/her driver, his/her oral statement, his/her details of control, and his/her investigation report on the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

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

1. The reason for sentencing Article 62-2 of the Criminal Act is against the defendant's wrong.