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 December 19, 2006, the Defendant was punished by a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On December 11, 2019, the Defendant driven a DNA car in front of the “C” restaurant in Gyeonggi-si Kimpo-si B, Gyeonggi-si on December 21, 2019.

At the time, there was a considerable reason to recognize that the defendant was driving under the influence of alcohol, such as smelling, sniffing red on the face.

Accordingly, the Ga of the Gyeonggi-gu Police Station demanded the defendant to respond to the drinking test by inserting the drinking measuring instruments three times.

Nevertheless, the defendant resisted to the above police officer's demand for measurement, and failed to comply with the police officer's demand for measurement of drinking without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of his/her oral statement;

1. Scenic photographs;

1. Investigation report (report on the circumstances of a driver), internal investigation report (case of a black box), investigation report (on-site image attachment);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant refused to measure drinking despite the fact that the defendant had been punished for driving under drinking, and the defendant's liability for the crime

However, the defendant states that all the facts charged are recognized and reflected, and the defendant does not have any penalty, considering the circumstances favorable to the defendant, and others.