A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal power] On November 26, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on November 26, 2007, and on October 13, 2011, the Defendant was sentenced to a suspended sentence of eight months for the same crime, etc. at the above court, and was sentenced to a fine of two million won for the same crime, etc. at the same court on December 5, 201.

【Criminal Facts】

The defendant is a person who drives a B-Sa car.

On August 21, 2019, at around 23:30, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument three times for about 16 minutes from F on the same day from around 23:54 of the same day to around 16 minutes after the following day, on the roads of D convenience located in Ulsan-gu, Ulsan-gu, Seoul-gu. Around 23:30, the Defendant reported that the Defendant driven the said vehicle under the influence of drinking, and there is any reason to suspect that the Defendant was making a drinking, such as drinking, drinking, sniffing, and inaccurately drinking.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the control results of drinking driving, report on the circumstance of a drinking driver, photograph of the case, and investigation report (verification of video data);

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which 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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, along with the sentencing circumstances of the accused, including the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, as well as the sentencing circumstances of the accused.