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 3, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On October 7, 2019, at around 22:20, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 20 minutes on the ground that: (a) the Defendant caused a traffic accident involving a H-H-H car driven by G while driving a F rocketing car from the front of the C convenience store located in the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, to the national highways located in the E-U.D; and (b) the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument for about 20 minutes.

Nevertheless, the defendant alleged that there was no fact of driving, and did not comply with a police officer's request for a drinking test without any justifiable reason.

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. The police statement of K;

1. G statements;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) is that the Defendant committed the instant crime, which caused a traffic accident while driving under drinking again while he/she was sentenced to a punishment due to drinking alcohol, and refuses a police officer’s demand for measurement of drinking alcohol, and the responsibility for such crime is heavy.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, the age, reputation, character, health status, and environment of the defendant are included.