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 May 15, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Jeonju District Court's Military Mountain Branch as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 14:05, 2020, the Defendant reported 112 that “A person is under the influence of alcohol,” while driving a motor vehicle with a low alcohol while under the influence of alcohol on the front of B in front of the front of the North Gun, the Defendant was required to respond to the measurement of alcohol by inserting the alcohol measuring instrument three minutes from around 14:25 of the same day to around 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven the motor vehicle under the influence of alcohol, such as smelling in the Defendant’s entrance from the D District Guard of the Military Police Station of the Korea Military Police Station called for.

Nevertheless, the defendant, without any justifiable reason, did not put the part of the drinking measuring instrument into the drinking measuring instrument, and avoided it, and did not comply with the police officer's request for a drinking test without any justifiable reason.

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 results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) and (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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that an order to attend a lecture is recognized and reflected in the crime of this case, the fact that two times of punishment for the crime of driving under the same kind of drinking, and other conditions of sentencing that are shown in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime of this case, shall be determined