The punishment of the accused shall be determined by two years of imprisonment.

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 25, 201, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking driving), etc. by the Jeonju District Court on January 25, 201, and on June 1, 2011, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic law (drinking to take measurements of drinking) by the same court.

[2] On June 26, 2020, at around 00:10, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as under the influence of alcohol, such as drinking alcohol to the Defendant from D on the front line, sniffing, sniffing at the front line of the police station C, the front line of which was called after receiving a report of 112, while driving a motor vehicle under the influence of alcohol on the bridge of the Hongsan-ro, Hongsan-gu, Hongsan-gu, Yan-gu, Hong-gu, Seoul, Seoul, the Defendant was under the influence of alcohol.

There is a reasonable reason to recognize that there was a demand for responding to the measurement of drinking by inserting the whole breath of drinking in five minutes between about 20 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하거나 입김을 약하게 불어 넣는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as reports on investigation and criminal history;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Two to five years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The act of refusing to measure a sentence of punishment by itself is of poor quality of the crime, the defendant's attitude shown in the police investigation at the time of drinking measurement and the police investigation, and the defendant's driving of drinking even before.