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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 15, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine in the same court on December 26, 201, respectively.

Criminal facts

Around 03:05 on March 28, 2020, the Defendant was required to comply with a drinking test by inserting alcohol in the front parking lot of the Namyang-si, Namyang-si, the Defendant, at around 03:05 on March 28, 202, with 112 reported that a vehicle suspected of driving alcohol is located while driving a cpool with drinking alcohol while driving the cpool in a drunken state, and on the same day, he was required to comply with the drinking test by inserting alcohol in a manner of inserting alcohol in a 45 minutes from around 03:05 of the same day to around 03:50 on the same day.

그럼에도 피고인은 위 음주측정기의 불대를 혀로 막은 상태로 호흡을 하거나, 숨을 내쉬는 시늉만 하는 등의 방법으로 정상적으로 호흡측정이 이루어질 수 없도록 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports (on-site situations and refusal of measurement of drinking), reports on the status of driving under drinking, reports on the status of driving under driving under drinking, reports on the status of a driver under drinking, records of crackdown on the results of the control of drinking driving, records of investigation (report on investigation), records of 112 reported cases, and records of using the

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that 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. The Criminal Act;