A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 5, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the original state support of the Chuncheon District Court.

【Criminal Facts】

At around 02:50 on February 23, 2020, the Defendant was required to respond to a drinking test by inserting it into a drinking measuring machine five minutes in total in five minutes, despite the fact that the Defendant was required to respond to a drinking test by inserting it into a drinking measuring instrument five minutes in total, while driving a B K5 vehicle at a 2374 level shooting distance of Gangwon-si, the Defendant was reported that the Defendant shocked a passenger vehicle in the front bank at the front bank, and the Defendant was dispatched to the site by the Hanju Police Station C District Assistant Inspector D, the Hanju Police Station, who was dispatched to the site after receiving a report on the shocking of the signal in the front bank.

In other words, the police officer did not comply with the aforementioned police officer’s statement to the effect that he/she repeats his/her drinking behavior and “doing to measure blood collection in the inland invasion.”

As a result, the defendant did not comply with the police officer's request for a alcohol test without any justifiable reason despite the history of punishment for drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site photographs reported as a result of the control of drinking driving;

1. Records of judgment: Inquiry report, investigation report (Attachment to the judgment of a suspect's previous drinking driving case), - Application of one copy of the decision to make a statement;

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 records that the defendant was punished for drunk driving: Provided, That the defendant recognized the crime of this case and reflects the defendant, and the defendant's age, character, conduct, family relationship.