1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On April 30, 2007, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million due to a violation of road traffic law (refluence of drinking), etc. in the support of the Daejeon District Court, Daejeon District Court, as well as a summary order of KRW 5 million with a fine of KRW 5 million on May 3, 2018 (refluence of drinking), respectively.

[ 범죄사실] 피고인은 2020. 10. 14. 22:29 경 세종 B에 있는 ‘C 식당’ 앞 도로에서, 술을 마신 상태에서 D k7 승용차를 운전하다가 정차 중 세종 경찰서 E 지구대 경위 F로부터 피고인에게 서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되었으며 혀가 꼬여 발음이 부정확한 등 술에 취한 상태에서 운전하였다고

There is a reasonable reason to determine a person, and from around 22:29 to around 22:48 of the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in four minutes from around 19 minutes to around 22:48.

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

Accordingly, the Defendant violated Article 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on non-existence of each disposition and reporting thereon;

1. Article 148-2(1) and Article 44-2(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 148-2(2) of the same Act, the choice of imprisonment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the applicable sentence] of the Order to Attend a lecture and the Order of Community Service [the sentence] shall be sentenced to imprisonment with labor for not less than one year but not more than two years and six months (the sentence of sentence]