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

On July 20, 2018, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on July 20, 2018.

On December 21, 2019, the Defendant: (a) around 15:58, the 15:58 Sincheon-si, in the Geumcheon-ro 5187 near the Geumcheon-ro 5187, and (b) was making a stop over two-lanes; (c) the Defendant, upon receiving the 112 report, was required to comply with the breath measurement by inserting the breath of the brea Police Station C, a police box affiliated with the 112 police box of the Gyeonggicheon-gu Police Station, for the reason that it was deemed that the Defendant was under the influence of alcohol, such as drinking, smelling, and making an inaccurate breathing and inaccurate her face, etc.

Nevertheless, the Defendant avoided it by making a breathm of a drinking-free measuring instrument and thereby failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Indicating the circumstantial statements and investigation reports of a drinking driver, photographs of scenes and related vehicles, copies of the usage register of a drinking measuring instrument, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of one copy of an inquiry report on criminal records, investigation report, and summary order;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2003 and around 2018, the Defendant has a history of being sentenced, considering that it is a matter of refusal to measure a drinking alcohol at the distance from the previous penal history and the distance from the previous penal history.

However, the defendant shows his attitude against the defendant, and it is true that the people want to take the action.