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 August 28, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Gwangju District Court's net support on August 28, 2013, and on December 20, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

On October 28, 2019, at around 20:50, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments three minutes from around 21:12 to 21:25 of the same day by inserting alcohol at about 4km section from the front of the C convenience store located in Yacheon City B to the roads adjacent to the parking lot in the Ocheon-dong Storage Site. The Defendant refused to comply with the drinking test by inserting alcohol measuring instruments three minutes from around 21:12 to around 21:25 of the same day.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of the same criminal records as the suspect), and application of copies of summary order Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there are previous and twice the same year and that there is no previous criminal record exceeding the previous fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;