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 12, 2019, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act by the Chuncheon District Court.

On February 29, 2020, at around 23:58, the Defendant driven a F human free car at a section of about 50 meters from the front of the E convenience store located in D in the same city to the front of the cafeteria, “C” restaurant located in Nowon-gu, Seoul, and stopped.

around that time, the Defendant received a 112 report from 112 that “F string string vehicles get off a vehicle from a drinking house,” and received a request to comply with the drinking test by inserting four minutes between around 00:03 on March 1, 202 and around 00:20, the Defendant was in compliance with the drinking test by inserting the alcohol measuring instruments four minutes between approximately 17 minutes and about 17 minutes from around 00:03 to around 00:20.

Nevertheless, the Defendant, without justifiable grounds, did not comply with the request for a so-called alcohol test of the above police officer in a manner such as avoiding alcohol measuring instruments, putting the arms on the police officer while taking a bath, leaving the scene, and intending to leave the scene, etc.

Summary of Evidence

1. A written statement by the defendant in court;

1. A copy of the report on circumstantial statements of a drinking driver and the ledger of use of a drinking instrument;

1. Reports and photographs of internal history;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order of the same kind of suspect's power attached);

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. Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend a lecture or community service order.