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 December 20, 2012, the Defendant received a summary order of KRW 1,50,000,000 from the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 02:39 on March 9, 2020, the Defendant was receiving the boundaries of the squad installed at the center of the road while driving CK3 automobiles in the front of B in the state of drinking on the road. During the patrol, the Defendant was required to comply with the drinking test by inserting a total of four times from around 02:39 on March 9, 2020 to 02:54 on the same day, for the following reasons: (a) there were reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, blood color, red, heavy snow, and a red color reaction during drinking.

그럼에도 피고인은 입김을 불어넣는 시늉만 하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

As a result, the Defendant violated the regulations prohibiting drinking driving or the regulations requiring compliance with drinking alcohol measurements not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification on the results of drinking control, and field photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes concerning summary orders;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s previous conviction and the time and distance from the Defendant, the background leading up to the Defendant’s refusal of drinking and drinking alcohol measurement at the time of the instant case, the fact that the Defendant appears to be against himself/herself, and the Defendant’s age, character and conduct, family relationship, occupation, and circumstances after the crime.