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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2008, the Defendant was issued a summary order of 1.5 million won or more for a fine for a violation of the Road Traffic Act, and a summary order of 4 million won or more for the same crime in the same court on December 5, 2016, respectively.

As above, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, avoided the demand of the police officer D to comply with the alcohol measurement by inserting the whole in a drinking measuring instrument three times from 23:17 to 23:35 of the same day, on March 9, 2020, when driving the Modon car C on the front side of Hong-gun, Hongsung-gun, Hongsung-gun, by shocking the guiding signs at the same time, and receiving a report 112, and driving under the influence of alcohol, such as a narrow distance from the police officer D belonging to the Hongsung Police Station called out after receiving a report.

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. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Control note;

1. Photographs refusing to measure alcohol;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each relevant summary order attached thereto;

1. Relevant provisions of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of measuring sound content), and choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, and the crime of this case is not good.

However, considering the fact that the defendant's mistake is recognized, the circumstances of the crime of this case, degree of drinking, frequency and frequency of punishment due to drinking driving, the age of the defendant, character and conduct, etc., the sentence is ordered.