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

Punishment of the crime

On July 18, 2006, the Defendant driven a motor vehicle while under the influence of alcohol of 0.218% on a blood alcohol level, and was sentenced to a summary order of 2 million won as a crime of violating the Road Traffic Act (driving) in the Young-dong Branch of the Young-gu District Court on August 18, 2006. On June 17, 2014, the Defendant was sentenced to a suspended sentence of 2 years for one year under the influence of alcohol level of 0.209% under the influence of alcohol level of 0.17.13.

On May 19, 2020, at around 18:25, the Defendant was required to comply with a drinking test by inserting the breath for three minutes from around 18:30 to 18:47 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the Defendant snickly snickly snick on the road in front of a gas station C, which is located in Chungcheong-gun B, and making a report of 112 to be suspected of driving under the influence of alcohol, and making the Defendant snickly snick, such as the red warning, etc. of the fnick-gu Police Station D District of the Dong Police Station called out.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic death reports (in-house death attached to persons who refuse to measure music records, such as field photographs, etc.), drinking drivers, circumstantial statements, and investigation reports (report on the circumstances of drinking drivers);

1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, and 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is one of the important factors that increase the risk of traffic accidents, and the frequency of occurrence of accidents is high.