A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 19, 2014, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (Refusal of measurement), etc. on September 19, 2014, and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on November 5, 2018.

【Criminal Facts】

On June 19, 2020, the Defendant was demanded to comply with the drinking test by inserting it into a drinking measuring instrument three times for about 11 minutes, on June 19, 202, while driving C SP motor vehicle on the front of B, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, finging, d policeman of the SP police station, etc. under the influence of alcohol, and drinking conditions with the influence of drinking.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobreath test without justifiable grounds by evading the foregoing, such as putting the Defendant in a short period of time into a drinking measuring instrument or putting a crackdown on drinking driving of other vehicles.

Ultimately, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Previous records of a defendant's partial statement, driving, reporting on the state of his/her driving, reporting on the state of his/her business, and visual records at the control of drinking: Application of criminal records, inquiry reports, summary orders, and copies of judgment

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;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of probation (one year of probation, 40 hours of community service, and 40 hours of a compliance driving lecture). This case is a legitimate ground for a police officer;