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

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

[criminal power] On December 24, 2012, the Defendant was issued a summary order of KRW 500,000 by the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million by the same court on February 26, 2016, respectively.

【Criminal Facts】

On April 28, 2020, the Defendant received a report from the staff member of the CCTV Control Center while driving D Poter cargo vehicles in front of C elementary school located in G, G, G, Gyeongdong-gun, G, and received a demand to comply with the measurement of drinking, at intervals of about 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a little string of walking, and the face of the liber Police Station Emb, which received a report from F, and sent out, received the notification from the staff member of the CCTV Control Center, and received the notification from F, and that the Defendant was driving under the influence of alcohol, such as a little red.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. 피고인의 법정진술 주취운전자정황진술보고서, 음주운전단속사실결과조회 내사보고, 사건발생검거보고 판시 전과 : 범죄경력등조회회보, 수사보고(피의자동종전력 확인보고)에 첨부된 각 약식명령 [피고인은 음주측정기에 숨을 불어넣어 음주측정에 응하였다는 취지의 주장을 하나 판시 증거에 따르면 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주측청을 회피하였음을 인정할 수 있다. 피고인의 주장은 받아들이지 아니한다.] 법령의 적용

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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;