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 8, 2018, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at Ansan District Court’s Ansan Branch.

【범죄사실】 피고인은 2019. 11. 15. 23:40경 술을 마신 상태에서 서울 구로구 신도림동 이하 불상지로부터 같은 구 B 부근 도로까지 C 크루즈 승용차를 운전한 후 위 승용차의 시동을 켠채 위 승용차 안에서 잠을 자던 중, 2019. 11. 16. 01:00경 112신고를 받고 출동한 서울구로경찰서 D 소속 경장 E로부터 횡설수설하고 술 냄새가 나고 눈이 충혈되어 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the defendant refused to comply with a police officer's demand for alcohol measurement without any justifiable reason by avoiding it in a way that does not put the respiratory in normal condition.

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 statement of the situation of a drinking driver, a detailed statement, a control site photograph, and a ledger of the use of a drinking measuring instrument;

1. Criminal records as judged: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2), 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Criminal Act: The Defendant committed the instant crime without being aware of the punishment of a fine due to drinking alcohol, as stated in the judgment of the court, even though he was sentenced to a fine due to drinking alcohol.

The favorable circumstances: