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

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

Punishment of the crime

On April 18, 2018, the defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on April 18, 201.

1. Around 22:50 on September 28, 2020, the Defendant driven a coo vehicle to F while under the influence of alcohol leveling 0.152% of alcohol level at approximately 4km from the Do before the center of the “C” main body B, Daegu-gu, Seoul-gu, to the alley of the Eanthro-gu, Eangu.

2. On September 28, 2020, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling and smelling on the face of a vehicle from H belonging to the Daegu Suwon-gu Police Station G District, which called the motor vehicle upon receiving a report on the driving of the motor vehicle on the nearby road located in Daegu Suwon-gu D on September 28, 202.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and seizure report by the police;

1. Reports on internal investigation by the police;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report (verification of the same criminal records as the suspect);

1. Relevant Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Although there are many persons who have the history of driving alcohol for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, the control standards and statutory punishment have been significantly strengthened due to the social request to eradicate harmful effects caused by drinking alcohol.