Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

On August 28, 2006, the Defendant received a summary order of 700,000 won or more as a fine for a violation of the Road Traffic Act (driving) from the Hongsung Branch of the Daejeon District Court.

On April 5, 2020, the Defendant: (a) while driving the B-B cargo vehicle on the front of the B-V on the roads of Boan-si, Boan-si, B, and was sent back to the E Hospital located in Chungcheongnam-si, Chungcheongnamnam-si.

At around 19:09 on the same day, the Defendant was required to comply with the measurement of alcohol by inserting three minutes all of the 15 minutes during the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s blood color is red, inaccurate, and smelling in the entrance, etc., from police officers belonging to the police station of the Bosa Police Station at the emergency department of the relevant E Hospital.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하며 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents and investigation report (report on the actual condition of the driver concerned);

1. On-site photographs and photographs refusing to measure drinking;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined by comprehensively taking into account the fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that a single traffic accident was made due to a drunk driving and a drinking test was refused, and other various factors for sentencing, including the defendant's age, occupation, health, criminal records (not less than a suspended sentence of imprisonment with prison labor), the environment