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 became final and conclusive.

Punishment of the crime

On May 10, 2018, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on May 10, 201.

On April 20, 2020, the Defendant was required to respond to the measurement of drinking in such a way as to put the alcohol in a drinking measuring instrument from around 22:20 of the same day to approximately 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as making a drinking while driving a Dice on the front of the road located in Sungnam-gu, Sungnam-si, Dice-gu, with the 112 report that “the borrower was acting on behalf of the borrower while driving the vehicle.” The Defendant was required to respond to the measurement of drinking by inserting the alcohol measuring instrument from around 22:20 of the same day to around 20 minutes on the same day.

Nevertheless, the Defendant refused to take a measurement because he did not drink a large amount of alcohol, and did not put himself into a drinking-free measuring instrument, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, photograph of the control site, report on the circumstantial statement of the driver under the influence of alcohol, and investigation report;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) was that the Defendant committed a crime by failing to comply with the police officer’s breath test, even though he had been sentenced to a fine once due to drunk driving, even though he had

Refusal of drinking alcohol measurement shall be in response to the measurement of drinking.