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 October 6, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On June 13, 2020, at around 02:52, the Defendant, while under the influence of alcohol on the roads in front of Gwanak-gu in Seoul Special Metropolitan City, was parked in Cro vehicle and stopped at the driver’s seat. On the same day, at around 03:21, the Defendant was under the influence of alcohol on the roads in front of Gwanak-gu in Seoul, and was diving at the driver’s seat, and from one other, he was called from the D Zone Assistant E in the Gwanak-gu Police Station, the Defendant’s face was red and smelling, and the Defendant was found to have driven under the influence of alcohol, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol by verifying the surrounding CCTV, and the Defendant was under the influence of alcohol. However, on the same day, the Defendant did not comply with the demand for a alcohol measurement by a police officer without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act and violated Article 44 (2) of the Road Traffic Act.

Summary of Evidence

1. As a result of the defendant's legal statement recycling and viewing of CDs, the circumstantial statement of the main driver, investigation report (report on the status of the main driver), control records, each photograph, and each investigation report on non-prosecution decision;

1. Criminal records: Application of inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend each lecture, Defendant repeated drinking (including the previous criminal records recorded in the criminal records at the time of driving). The Defendant committed the crime of refusing to measure the instant case, and the police officers at the time are extremely poor in the degree of speech and behavior committed against police officers at the time.