A defendant shall be punished by imprisonment for one year.

except that 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 26, 2016, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving on Motor Vehicle) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On May 16, 2020, the Defendant received a 112 report from the Do in front of the “Yungdong Office” located in Sinpocheon-ro 28 on May 16, 2020 to the front road of the “Cre station in B” in front of the “Cre station in the same city” and received from the Do in front of the “Cre station in the same city” to the “Cre station in the same city,” and received a 112 report to the effect that “a person in a state of drinking is trying to drive” while driving a vehicle in the same city, the Defendant was in a state of drinking, such as drinking, drinking, drinking, drinking, and drinking, from the F, etc. in the position of the Sinpo Police Station E Zone, and was demanded from around 20:13 to around 10 minutes on the same day to put the vehicle into a drinking measuring instrument.

그럼에도 피고인은 같은 날 20:30경까지 음주측정기를 입에 무는 시늉한 하고 위 경찰관들에게 욕설을 하는 등 정당한 사유 없이 경찰관의 음주측정요구에 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the results of the regulation of drinking driving, ledger of use of a drinking-free measuring instrument, field photographs, and investigation report;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Driving and driving under the influence of alcohol in light of the social danger and statutory penalty of driving under the influence of alcohol and the purport of amendment of the Road Traffic Act.