Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On June 24, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on June 24, 2008, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on October 26, 2017.

【Criminal Facts】

On October 18, 2019, at around 21:27, the Defendant was required to comply with a drinking test by inserting the d SM6 vehicle in front of the starting point in Gwangjuyang-si, the Defendant, upon receiving a report 112, while sitting in the D SM6 vehicle driver’s line across the sidewalk, who was sitting in, “on the drinking.” On October 18, 2019, the Defendant was required to comply with the drinking test by inserting it into the drinking measuring instrument three times by inserting the dM6 vehicle driver’s line in front of the starting point in the Mayangyang-si, a police station E zone of the Mineyang Police Station E zone called out after receiving the report.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉을 하다가 ‘측정 거부하겠습니다.’라고 측정 거부 의사표시를 밝혀 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

As a result, the Defendant did not comply with a police officer’s request for a alcohol test without any justifiable reason, with a person who violated the prohibition of driving under influence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes governing judgment;

1. Article 148-2(1) and Article 44(2) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

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

1. This case’s reason for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records, the details and motive of the crime, and the circumstances after the crime.