A defendant shall be punished by imprisonment for one year.

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

On October 4, 2003, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the port support of the Daegu District Court on September 17, 2007.

On December 11, 2020, at around 17:49, the Defendant was under the influence of alcohol, while driving a motor vehicle in front of C, which was under the influence of alcohol by the police officer, from F in charge of the police box belonging to the Yeongdeungpo-gu Police Station Emba in which the Defendant discovered that the Defendant was under the influence of alcohol and that the Defendant was under the influence of alcohol, such as he was under the influence of alcohol, by the police officer being under the influence of alcohol.

In spite of the fact that there are reasonable grounds to determine a person, “A mistake was made even though it was demanded to comply with the measurement of alcohol by inserting the whole 15 minutes from around 17:53 to around 18:08 on the same day by inserting the whole 4 minutes.

I see. . . . Does not comply with a police officer's request for a measurement of drinking without good cause by avoiding it.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection report, each internal investigation report, notification of the results of crackdown on the driving of drinking alcohol, report on the situation of the driver in charge, the records of the regular use of the drinking trend, the records of the case processing 112 reported, the table of the case processing 112 reported, the next-time inquiry, the pictures and video CDs of each kind; and

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to provide community service or attend lectures;