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 30, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court, and KRW 5 million as a fine at the Suwon District Court on April 18, 2012, respectively.

【Criminal Facts】

On November 11, 2019, at around 03:35, the Defendant was demanded to stop on the ground that there is a risk of an accident by driving a car with Bschton sports partitions and changing the car rapidly on the front side of the bus stops located in the original city of Gangwon-gu, Gangwon-do, in front of the bus stops located in 17-1.

Since then, there are reasonable grounds to suspect that the Defendant driven under the influence of alcohol, such as smelling, influeniteing off the floor because the Defendant was influenced, and was influenced, the Defendant was demanded to comply with the drinking test by inserting four minutes during about 03:46 to 04:01 on the same day from 03:46 to 04:01 to 04.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 거부하고, 손으로 음주측정기를 강하게 내리쳐 바닥에 떨어뜨리는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Investigation report (related to the discovery of suspects) and investigation report (report on the status of the driver in charge);

1. Records of judgment: Application of criminal records, inquiry reports (A), investigation reports (report attached to the judgments attached to the same criminal suspect's same kind of power);

1. Relevant Articles 148-2 (1), 44 (2) and (1) 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;