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 January 18, 2019, at around 00:55, the Defendant: (a) driven a road in the Chungcheongbuk-si B; (b) while driving a Dworka car in the front of “C cafeteria” in the influence of alcohol, the Defendant: (c) obstructed the center line of the road while driving the Dworka car; (d) obstructed the left side of the E-owned cargo vehicle, which was parked at the edge of the road while moving back again; and (d) stopped on the front side of the road, and (e) stopped on the center line of the road.

Around that time, the Defendant received a demand for a drinking test from the head of the Chungcheong Police Station G District, who was dispatched to the said site after receiving a report, and was found to have driven under the influence of alcohol such as smelling and smelling red on the face of the Defendant. However, the Defendant rejected the demand for a drinking test, but was arrested as a flagrant offender and transferred to the G District of the Chungcheong Police Station from 01:18 to 01:43 on the same day after he was arrested as a result of refusal for a drinking test, and was in compliance with the demand for a drinking test by inserting the H into a drinking measuring instrument four times during the same day.

Nevertheless, the Defendant refused to comply with a police officer’s request for a sobreath test by making a so-called drinking measuring instrument sealed by hand, and did not comply with such request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. An accident site photograph;

1. The actual condition survey report;

1. Application of CCTV image CD-related statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

1. The fact that probation, community service order, and order to attend a lecture had the record of being sentenced to a fine of two times due to the reason of sentencing under Article 62-2 of the Criminal Act and the fine was imposed due to drinking driving on January 2018, but the crime was committed only for one year, and the actual contact accident was committed.