However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On April 7, 2011, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with labor for a violation of the Road Traffic Act at the Jung-gu District Court on April 7, 201, and the same court on May 10, 2012, issued a summary order of 4.5 million won by a fine for a violation of the Road Traffic Act.

On August 11, 2020, at around 20:43, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 12 minutes of the alcohol measuring instrument into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as a very red and a large distance of walking from the border D belonging to the police station of the Gangwon Steel Police Station C District, etc.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking-driving Control (A), a copy of a report on the state of a drinking driver, a criminal report (report on the situation of a drinking driver), an investigation report (Attachment to a closure of images refusing to measure a music), an on-site photograph, and an on-site photo investigation report (at the time of refusal to measure a music record), an investigation report;

1. A detailed statement of 112 reported cases processing cases (A);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (verification of records of sound driving), two copies of the judgment, and one copy of summary order shall be applied;

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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, was subject to punishment for drinking alcohol measurement in 2001, in 204, 201, and 2012, under the influence of re-driving.