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 September 7, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court.

【Criminal Facts of Crimes】 On February 16, 2020, the Defendant stated that the Defendant himself/herself drinks from the traffic of the Gangnam Police Station and from D in the circumstances where he/she belongs to the Gangnam-gu Seoul Northern District, the Defendant was required to comply with the measurement of alcohol by inserting approximately 23 minutes of the alcohol measuring instrument three minutes of the alcohol measuring instrument, on the grounds that there are reasonable grounds to recognize that he/she driven under the influence of alcohol, such as smelling, smelling, walking, walking on the face, etc.

Nevertheless, the defendant refused to comply with the request for measurement of drinking by a police officer without justifiable grounds, by inserting the whole or part of the defendant in a short or short manner.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Before ruling: References to criminal records and the application of Acts and subordinate statutes confirming the records of drinking driving;

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. The grounds for sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant is against the reason for sentencing under Article 62(1) of the suspended sentence, and there are some circumstances that may be taken into account the circumstances leading to the driving under influence of alcohol, such as the fact that the actual causes a traffic accident while driving under influence of alcohol, are disadvantageous conditions such as the distance of driving under influence of alcohol, past penal records, age, character and conduct of the defendant, and environment, and other circumstances that form conditions for sentencing