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

[Criminal Power] On November 5, 2008, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act from the Busan District Court.

【Criminal Facts】

Around 00:51 on August 27, 2019, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument four minutes for about 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, sprinking, and sprinking red on the face, while driving a droping vehicle with C while driving the droping vehicle at the front of the pact on the road in Yangsan City, and receiving a report on 112 due to a traffic accident.

Nevertheless, the Defendant, by a method that does not put the whole breath in a breath measuring instrument, failed to comply with the measurement of drinking without justifiable grounds.

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. Application of Acts and subordinate statutes to inquiry inquiry reports on circumstantial statements of, investigation into, investigation into, investigation into, and investigation into the actual condition of, an accident site photograph (pre-trial record) and criminal records records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant's refusal of a police officer's request for the measurement of drinking alcohol without justifiable grounds and failure to comply with the measurement of drinking alcohol despite the fact that he/she has been punished twice as a crime of drinking alcohol.

However, there are various sentencing factors, such as the defendant's confession of the crime of this case and the crime of drinking driving committed before 10 years, and the age, environment, and circumstances after the crime.