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

[Criminal Power] On June 20, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On May 8, 2020, at around 12:20, the Defendant: (a) while driving a c bargaining car in front of the construction site adjacent to the B apartment in the front of the construction site in the front of the front of the building site in the North Korea, the Defendant was required to comply with the measurement of alcohol by inserting the alcohol measuring instruments three times in a manner that the Defendant was able to recognize that the Defendant was driving under the influence of alcohol, and the Defendant was able to take the fluent and face of the Defendant from the police box of the military police station in the Gunsan Police Station, which was called upon the report of 112.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds by putting the breath in the breath-man, taking the breath-man into the breath-man.

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. Notification of the results of the regulation of drinking driving, report on the situation of drinking drivers, investigation report (report on the situation of drinking drivers), and investigation report (Refusal of measurement of drinking in violation of the Road Traffic Act);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the crime of this case is recognized and reflected, the fact that there was a record of punishment for the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character, conduct and environment, and the circumstances before and after the instant crime.