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

On June 18, 2009, the Defendant was sentenced to a suspended sentence of two years in October by the Jeonju District Court for a violation of the Road Traffic Act.

On December 2, 2019, at around 1:11, 201, the Defendant was demanded to respond to a drinking test in a manner that, upon receiving a report from the Defendant, GCA 110B in the circumstances where the former Northern Police Station D Zone E, which was called out by the Defendant to the effect that “A” in the vicinity of “C” and “A” 112 is being driven under the influence of alcohol, due to considerable reasons to recognize that the Defendant was driven under the influence of alcohol on the road near “C” in the following: (a) the driver was under the influence of alcohol measuring instruments over about 17 minutes, and (b) the driver was under the influence of alcohol.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a suspected victim of violation of the Road Traffic Act (Refusal of measurement), reporting on the detection of such person, reporting on the situation of such a driver, etc., investigation report (report on the circumstances of such driver), notification of the results of the drinking-driving control, evidence photograph, copy of the ledger of use of a breath measuring instrument, notification of 112 reported cases, making an inquiry into the vehicle, and

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records - attachment of judgment), and application of one copy of judgment to Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The danger of an accident resulting from the driving of a main vehicle in the current road traffic situation where many and unspecified persons habitually use the reasons for sentencing Article 62-2 of the Criminal Act.