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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.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was issued a summary order of KRW 3 million at the Suwon District Court on January 18, 2013 due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 23, 2019, the Defendant was required to comply with a drinking test by inserting alcohol to a drinking measuring instrument three times from around 03:20 to 03:30, on July 23, 2019, while driving a CGren car in the vicinity of Pyeongtaek-si B, which is a point 500 meters prior to the horizontal quarter, while he was making a drinking on the roads near Pyeongtaek-si B.
The Defendant, by inserting a part of a drinking measuring instrument into the part of it, failed to comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the situation of driver, a report on the situation of driver, and a register of drinking meters;
1. Previous records of judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) that the accused has committed a crime against his mistake and has not committed a second offense; (b) that there is no particular penalty power other than the previous offense; and (c) the age, character and conduct, environment and circumstances leading to the offense; and (d) the punishment as ordered shall be determined by comprehensively taking into account the following: