A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 16, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and on September 28, 2017, a summary order of KRW 3 million for the same crime in the same court.

On January 15, 2021, the Defendant: (a) driven under the influence of alcohol, such as a breath from the front of the Clring Station B located in the north-gu at the port of port to the front of E located in the same Gu, while driving a FK5 vehicle at the 112 vehicle from the front of the Clring Station B at the port of port to the front of E located in the same Gu; (b) after receiving a 112 report that the Defendant is suspected of driving alcohol, he was snicking at the slopeH belonging to the G box at the port of port of port, which called the scene, and with a little face and a little face while driving under the influence of alcohol.

의심할 만한 상당한 사유가 있어 약 20분 동안 4 차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 음주측정기를 입에 물고 입김을 불어넣지 않은 채 시늉만 하는 방법으로 음주 측정을 회피하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (12) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act was relatively short and short, and thus, the sentence was imposed as imprisonment with prison labor; however, the Defendant’s age, career, etc. was considered.