A defendant shall be punished by imprisonment for a term of one year and four months.

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 October 29, 2010, the Defendant was issued a summary order of KRW 3 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 07:40 on October 12, 2019, the Defendant was required to comply with a drinking test by inserting the breath of alcohol in a total of three times including the first, second, and third vehicles around 08:15 on the same day, on the ground that there is a reasonable ground to recognize that the Defendant was driven while under the influence of alcohol, such as the Defendant’s inaccurate, unsafly, and snow shocked, from a police officer in the Chuncheon Police Station D Zone E, the other vehicle, after receiving a report that “the driver of the vehicle was involved in the traffic accident, which is suspected of driving under the influence of alcohol,” and that “the driver of the vehicle of the other vehicle is suspected of driving under the influence of alcohol.”

Nevertheless, the Defendant refused a legitimate request for the measurement of alcohol by a police officer without a justifiable reason, because the Defendant stated that “the Defendant was dnicking prior to an accident, but only wanted to handle a traffic accident.”

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and investigation reports (report on the circumstances of a drinking driver), and investigation reports (to hear statements by the police officer responsible for control of drinking practice);

1. Fact-finding report (1) and (2), inquiry into the results of crackdown on drinking driving, and circumstantial statement of a drinking driver;

1. Photographss related to traffic accidents;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a past record of criminal punishment twice due to drunk driving, but refuses a police officer's request for the measurement of drinking alcohol without justifiable grounds after drinking alcohol.