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 April 11, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 30, 2019, at around 00:54, the Defendant: (a) while driving a vehicle with CMW530i, while drinking the front of the Seoul Jung-gu, Seoul, Seoul, the Defendant was demanded to comply with the measurement of alcohol by inserting it into a drinking measuring instrument three times between 01:07 and 01:33 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and rheating the suspect from D around the Seoul Central Police Station to the suspect.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (report on the circumstances of a drinking driver, confirmation of a drinking driver, refusal of the first measurement, refusal of the second measurement, rejection of the third measurement), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, attachment of summary orders in violation of the Road Traffic Act, and application of Acts and subordinate statutes (Seoul Western District Court Decision 2013No. 403) shall be applied;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the defendant refuses a request for the measurement of drinking by a traffic control police officer despite his/her past record of punishment for drinking driving, the defendant recognizes the facts charged and reflects the facts charged, and there is no record of criminal punishment exceeding the fine.