A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who is engaged in driving of a 1 ton cargo vehicle B and C.

On March 24, 2019, at around 21:15, the Defendant demanded to comply with a drinking test by inserting it into a drinking measuring instrument three times in total from 21:30 to 21:49 on the same day, while driving the said vehicle at a 2km section of the same time from the parking lot located outside of the Seoul City C market, to the 2km distance from the same time and causing a traffic accident involving pedestrian traffic signal while driving the said vehicle, and upon receiving the report 112, it is reasonable to recognize that the E Zone F of the YO police station assigned to this 112 report was under the influence of alcohol such as smelling, smelling the Defendant, snicking on the face, making a red light on the face, and driving the vehicle while under the influence of alcohol, such as a long distance from the 21:30 of the same day to the 21:49 of the same day. However, the Defendant avoided it by keeping the entrance of the drinking measuring instrument into a proper manner.

Accordingly, the defendant did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment (it takes into account not only the fact that a police officer was punished once as a drunk driver in 2004, once as a drunk driver, once as a non-licensed driver in 2016, and once as a non-licensed driver in 2016, but also the police officer did not comply with a request for the measurement of alcohol, etc.)

1. Consideration for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the fact that the commission of a crime is recognized and reflected, and that the punishment has not been imposed higher than the fine after 200);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;