A defendant shall be punished by imprisonment for a term of one year and four 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 April 27, 2012, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of the Road Traffic Act (driving) in the branch court of Suwon District Court.

【Criminal Facts】

On August 9, 2019, at around 19:20 on August 19, 2019, the Defendant received a report that the Defendant caused a traffic accident at the front parking lot of Chuncheon-si B, and received a demand for a drinking test by inserting alcohol in a manner of inserting it into a drinking measuring instrument from around 19:43 of the same day, as there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as making the Defendant snickly snick, snickly snick, snicking, snicking, snicking, etc.

Nevertheless, the Defendant refused to take a lawful drinking test without justifiable grounds, on the ground that the Defendant did not drive a motor vehicle while driving the motor vehicle. In all, the Defendant did not put the motor vehicle in a sound that “I would not drive the motor vehicle.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (report on the circumstances of the driver) and investigation report (clocks and recording and analysis ofF statements);

1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, and a circumstantial statement of a drinking driver;

1. Photographss of traffic accident scene and CCTV images for crime prevention;

1. Previous records: Application of criminal records, previous records of dispositions, and reporting results of confirmation, and Acts and subordinate statutes;

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. Although the Defendant had a record of criminal punishment twice due to drinking driving, the Defendant committed the instant crime of refusing a police officer’s request for the measurement of drinking alcohol without any justifiable reason after drinking alcohol while driving alcohol, it is not good that the Defendant committed the instant crime.