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 May 19, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the Incheon District Court's Branch of the Daejeon District Court on December 27, 2018.

On August 5, 2020, at around 23:45, the Defendant: (a) received a report, and there exist reasonable grounds to recognize that he was driving under the influence of alcohol, such as drinking alcohol, while drinking alcohol, from the police box belonging to the police box of the Yanananannam-dong Police Station C, which was called up on the front side of the Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, under the influence of alcohol, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting the alcohol measuring instrument for about 30 minutes from around 23:47 of the same day to around 0:23 of the following day, but the Defendant did not comply with the demand for the measurement of drinking alcohol by a police officer without justifiable grounds, by avoiding the demand for the measurement of drinking alcohol by telephone or the doping.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Report on the state of standing and statement, and investigation report (the status of the drinking driver);

1. Suppression site and photographs refusing to measure drinking;

1. Previous convictions indicated in judgment: Application of two copies of the criminal history records, investigation reports, and summary order issued by two 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished twice by a fine for the violation of the Road Traffic Act, but the defendant committed the crime of refusing to measure drinking of this case, and the fact that the defendant is recognized to commit the crime, etc., such punishment shall be determined as ordered by the court.