A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal history] On June 15, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law in the Gwangju District Court’s net support on June 15, 2016, and on September 22, 2016, the Defendant was sentenced to imprisonment for ten months for a violation of road traffic law (refluence of drinking), etc. in the same court, and on September 23, 2016, the said judgment became final and conclusive on September 23, 2016, and was released on November 30, 2017 and the period of parole was expired on December 8, 2017.

[2] On June 18, 2020, the Defendant 13:15, while driving a bndon vehicle from the 27 islands at the 112-distance of Manyang-si, the Defendant 13:15, driven a bndon vehicle at the scene by shocking C vehicle, and was dispatched to the scene after being reported 112, and was snicked from E during the police box belonging to the police box at the site, and driven a bndon while under the influence of alcohol, such as the inabsconing, inab

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하고, 음주 운전을 하지 않았기 때문에 음주 측정을 할 수 없다며 손으로 음주측정기를 가로막는 등 명시적으로 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crime and attachment of the same military record, etc.), personal confinement status, and application of statutes of the same kind;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.