A defendant shall be punished by imprisonment for one year.

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

On November 26, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Suwon District Court's Ansan Branch as well as a summary order of KRW 2 million for the same crime from the Daegu District Court's Kimcheon Branch on March 28, 2014.

On December 11, 2019, at around 23:41, 201, the Defendant appeared to have a response to drinking reduction on the front of the road at Heaking City, and the Defendant snife the drinking, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol with a little red color, and accordingly, the Defendant was demanded to comply with the drinking measurement by inserting it into three times at around 23:46 of the same day, around 23:54 of the same day, around 23:54 of the same day, and around 0:08 of December 12, 2019.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

As a result, the Defendant violated the regulations prohibiting drinking driving or the regulations requiring compliance with drinking alcohol measurements not less than twice.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of the ledger using a drinking measuring instrument as a result of the reproduction of visual CDs refused to measure;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that the defendant's erroneous reasoning for sentencing under Article 62-2 of the Criminal Act and all other circumstances such as the defendant's same military force;