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 August 20, 2014, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 2, 2020, the Defendant was demanded to comply with the drinking test by inserting the breathm of approximately 19 minutes in total three minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol, such as being under the influence of alcohol, on March 2, 2020, under the influence of alcohol, by driving a string of a road, which was driven by a stringr of the road prior to the flag, and by driving a stringr of the road, which was called upon being reported a traffic accident.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하며 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. A witness statement of E;

1. Investigation report (report on the circumstances of an alien) (control police officer);

1. On-site photographs of a traffic accident;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Order to attend lectures under Article 62-2 of the Criminal Act;