A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 28, 2015, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (Refusal of drinking), KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 26, 2015, KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Gwangju District Court on November 26, 2015, and KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on October 17, 2013, respectively.

피고인은 2020. 12. 7. 02:00 경 광주 북구 B에 있는 C 편의점 앞에서 피고인이 D 사거리에서부터 위 C 편의점 앞 도로까지 약 600m 구간에서 술을 마신 상태로 E 그랜저 승용차를 운전하다가, 이를 본 목격자의 신고를 받고 출동한 광주 북부 경찰서 F 지구대 소속 순경 G으로부터 술 냄새가 심하게 나고, 혈색이 빨갛게 되어 있고, 혀가 꼬여 횡설수설 하는 등 술에 취한 상태에서 운전하였다고

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument for about 02:40 on the same day, about 02:49 on the same day, about 02:59 on the same day, and about 19 minutes on the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver who takes charge of making a report on internal investigation;

1. Results of regulating driving of drinking;

1. Suspect photographs at the time of detection;

1. Records of crime: Application of an inquiry letter, such as criminal history, to the statutes;

1. Article 148-2 subparag. 1, 44(2) and (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on Dec. 10, 2020), Articles 148-2 subparag. 1, 44(2) and (1) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 20

1. Article 62(1) of the Criminal Act on the suspension of execution (the above sentencing factors, etc. are repeatedly considered).