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] The Defendant, at the Changwon District Court on January 25, 2018, received a fine of three million won due to a violation of the Road Traffic Act (driving) from the Jinwon District Court on January 25, 2018, has the criminal records subject to punishment for drinking driving.

【Criminal Facts】

On June 28, 2020, the Defendant was required to respond to the measurement of drinking alcohol by inserting alcohol measuring instruments over about 20 minutes, such as smelling and smelling on the face of a police station E-district of the Jinju Police Station, the Defendant, who was parked at the scene while driving a Dsch Rexroth vehicle under the influence of drinking on the front of “C” in Jinju City, a vehicle under the influence of drinking on the front of “C” in Jinju City, and reported on it to the scene by F. The Defendant was required to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant refused to comply with a request for a sobreath test by a police officer without justifiable grounds, by avoiding so that he/she intends to take a sobreath in his/her hand, or her face after taking it back.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, actual condition survey report, accident-related photograph, circumstantial statement of the drinking driver, investigation report, video CDs against which drinking is refused;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking account of the following: (a) the status of the defendant at the time of driving the instant case; (b) the process of detection of the instant crime; and (c) the records of the defendant’s previous punishment;