The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 21, 2019, at around 02:50 on May 21, 2019, the Defendant parked a rocketing motor vehicle on the front road of Seocho-gu Seoul Metropolitan Government, but laid down in the vehicle with approximately 3 meters of a vehicle driving on the side and obstructed the vehicle, and on the same day, at around 04:40 on the same day, the Defendant was found to have been locked at the driver’s seat by the police officer who was dispatched after receiving a report of 112 that drinking drivers shall not stop the road and cut off the vehicle.

At the time of discovery, the Defendant had a red eye and shocked, and there were reasonable grounds to recognize that the Defendant was under the influence of alcohol by dividing the horses into a breath and rhething, and thus, was demanded to respond to a drinking test by inserting the breathm in the manner of inserting the breath of the Seocho Police Station attached to the Seocho Police Station.

Nevertheless, at around 04:43 on the same day, the Defendant refused to comply with the first alcohol alcohol testing requirement on the front side of Seocho-gu Seoul Metropolitan Government, at around 04:53 on the same day, the Defendant refused to comply with the second alcohol testing requirement on the same day, at around 04:04 on the same day, and at around 04:04 on the same day, the Defendant refused to comply with the fourth alcohol testing demand of police officers without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and investigation report (with respect to the crackdown on refusal of measurement of drinking alcohol)

1. Application of the Acts and subordinate statutes governing black boxes CDs video;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;