The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 19, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

【Criminal Facts】

On August 25, 2019, at around 06:40, the Defendant driven a FK5 vehicle at a distance of about 10 meters from the front day of the store in Hongsung-gun B to the front day of the Egypt in D.

Around that time, the Defendant confirmed that, “(road) vehicles are parked,” after receiving a report from 112, the Defendant had a drinking-free device presented by the G District G District at the Chungcheongnam Hong-gu Police Station G District, which was called out, and the Defendant had drinking alcohol.

Accordingly, the Defendant requested the above H to voluntarily act as a G district located in approximately 50 meters away from the above H and undergo a breath test, and the Defendant was accompanied with the above H and escaped while flying to the G district.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Report on the statement of the status of the driver, and the list of reported cases handled by 112;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports (suspect A-related documents and filing of summary orders of the same kind of power) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) 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. To determine punishment by taking full account of various factors of sentencing, such as the fact that taking lectures and community service order requires the elimination of the reasons for sentencing under Article 62-2 of the Criminal Act, the background of the crime, the circumstances after the crime, the situation in which the defendant shows a reflective appearance, and the age, family, occupation, health, criminal records, the environment and social relation of the defendant;