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 3, 2013, the Defendant received a summary order of KRW 3 million for the crime of violation of the Road Traffic Act from the Daegu District Court. On July 17, 2019, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Door-to-Door Sales, etc. Act in the Seo branch branch of the Daegu District Court, which was sentenced to a suspended sentence of ten months on July 25, 2019.

【Criminal Facts】

On July 1, 2019, the Defendant, at around 02:24, failed to comply with a request for a measurement of drinking alcohol by a police officer without justifiable grounds, even though he was required to comply with a measurement of drinking alcohol by inserting alcohol in the manner of inserting alcohol in three times until 02:42 of the same day, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, and walking walking, from E in the circumstances belonging to the D police station called up after receiving a 112 report to the effect that he was seated on a driver’s seat while he was seated with a driver’s vehicle under the influence of drinking, while leaving the driver’s vehicle at the time of drinking.

Accordingly, the defendant refused to drive a drinking or to take a drinking alcohol level not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, investigation report on refusal of taking a drinking, and refusal of affixing seals, and field photographing photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to the facts, criminal records, and investigation reports which are obvious to this court;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is one fine for drinking driving, and the fact that the crime is not good in light of the situation at the time of refusal of drinking measurement; and