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 of the final judgment.

Punishment of the crime

On August 8, 2018, the Defendant was sentenced to a fine of KRW 7 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on August 8, 2018.

Criminal facts

On September 5, 2020, the Defendant received 112 report that there is a vehicle suspected of driving under influence of alcohol on the road front of a drinking point in the Gu C in Ansan-si, and received a report from 112, the Defendant was required to comply with the drinking measurement by inserting the vehicle into four minutes in total from around 22:48 to 23:22 of the same day on September 5, 2020.

Nevertheless, the defendant did not comply with a police officer's request for a alcohol test without justifiable grounds while "the driver was driven by an acting driver, a female-friendly Gu was driven, and a non-on-site cannot be measured."

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

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. Social service order under Article 62-2 of the Criminal Act;