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

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

Punishment of the crime

[criminal history] On January 28, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court.

[2] On April 24, 2020, the Defendant driven D-wing and 3 freight cars from his dwelling to the front road of Seosan City, Seosan Police Station Ethmb, which was under the influence of drinking, while driving a three freight cars from his dwelling to Seosan City, Seosan City, Seoul, on April 24, 2020, while he was under the influence of alcohol. The Defendant was under the influence of alcohol, such as a string, snow is under the influence of alcohol. The Defendant was under the influence of alcohol.

There is a reasonable reason to determine the person, and it was demanded to respond to the measurement of drinking by inserting the breath of a drinking measuring instrument for about 38 minutes.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

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

Summary of Evidence

1. A written reply to inquiry, such as a written response to a statement made under the circumstances of a driver taking the driving of alcohol, and a written investigation report (a copy of the previous and summary order attached to the suspect) (the defendant and his defense counsel asserted that the defendant's breath measurement was conducted by the defendant, but the defendant's breath was not measured due to damage to the defendant's breath, and that there was no refusal to take such a measurement. However, the control video does not seem to have any serious breath in the process due to the fact that the defendant's serious breath in the process, and it was confirmed that the police officer's breath is sufficiently hidden to the extent that the breath cannot be seen due to the confirmation of the breath in the process. The defendant can also measure blood

According to the appraisal answer that was made according to the application for physical appraisal after the prosecution, even though the defendant did not explicitly refuse the indictment, and according to the appraisal answer that was made after the prosecution, the delivery of oxygen is normal and closed.