Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 24, 2007, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court due to the violation of the Road Traffic Act.

On August 12, 2020, at around 23:10, the Defendant was required to respond to the measurement of alcohol by inserting approximately 15 minutes a while driving a vehicle in QM5 under the influence of alcohol on the roads of the Daegu Northernbuk-gu B apartment, Daegubuk-gu, and on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, while driving a vehicle in QM5 under the influence of alcohol, the Defendant was required to comply with the measurement of alcohol by inserting approximately 15 minutes of the alcohol measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for a drinking test without any justifiable reason by evading it by means of taking or smugglinging a drinking measuring instrument in his/her hands.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Statement of the police statement of the defendant E in court;

1. Report on the statement of the situation of a drinking driver, report on the results of the drinking driving control, copy of the service log for a police box, and report handling of 112 cases;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

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. Although there was a history of punishment for driving under the reason of sentencing under Article 62-2 of the Probation Criminal Act, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been enforced after the implementation of the Road Traffic Act, and the police officer's request for the measurement of alcohol by the police officer who received 112 report and dispatched the 112 report, so the punishment for the crime is not easy and the risk of recidivism is likely to be dangerous, so a strict warning is required to choose imprisonment.