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 May 21, 2019, at around 01:15, the Defendant: (a) was parked in the section of approximately 13 km of blood alcohol concentration from the front of the Defendant’s house located in Chungcheongnam-si, Chungcheongnam-si; (b) from around 01:15 to the front of the same city, the Defendant caused a traffic accident leading to the shock of the Echier XG car that was parked while driving the D car while under the influence of alcohol concentration in the same city.

Accordingly, it was demanded to respond to a drinking test on the ground that there is a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s walking is a blind-distance and a red red light, in the situation where the Defendant was a police official belonging to the F District District of the Chungcheongnam-gu Police Station, in receipt of 112, a vehicle driven by the Defendant from G, who is a police official belonging to the F District of the Chungcheongnam-gu Police Station, caused a traffic accident.

Nevertheless, the Defendant, at around 01:15, around 01:20, around 01:25, around 01:25, and around 01:30 on the same day, made a false statement to the effect that, even though the Defendant was demanded to take a drinking-free measuring instrument at a total of four times, the Defendant refused a drinking-free measuring instrument in a manner that would not comply with a drinking-free measurement.

Accordingly, the defendant did not comply with the drinking test of a police officer as a person who has a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the drinking driving control;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports (victim H telephone communications);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend lectures: The fact that there exists the same previous penalty of a fine, and the circumstances and details of the instant crime.