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

[Power of crime] On June 24, 2016, the Defendant was issued a summary order of KRW 7 million by the Seoul Central District Court for a violation of Road Traffic Act (driving).

[2] On September 6, 2020, the Defendant: (a) reported on September 6, 2020, around Gangnam-gu, Seoul to the effect that the Defendant would drive under the influence of alcohol on the roads near Gangnam-gu, Seoul; and (b) driven under the influence of alcohol by D, etc., a police officer affiliated with the Seoul Gangnam-gu Seoul Southern Police Station C commander of the Seoul Gangnam Police Station, etc., who called for, and was under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole influence of the measuring instrument from around 02:51 to 03:05 on the same day.

그럼에도 불구하고 피고인은 휴대폰을 보고 주변 사람들에게 욕설을 하는 등의 방법으로 음주 측정에 거부하고, 경찰공무원이 다시 음주 측정에 응할 것을 요구하였음에도 불 대 숨을 불어 넣는 시늉을 하는 등의 방법으로 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 않았다.

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. Investigation report (report on the situation of the driver in charge), the notification of the results of crackdown on the driving of alcohol, and the details of crackdown;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation status (verification of criminal records of the suspect), list of relevant cases, and summary order-making statute;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant once again drives drinking while he had recently been punished for driving under the influence of alcohol, and that he again drives under the influence of alcohol.