A defendant shall be punished by imprisonment for one year.

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 September 18, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on September 18, 201, and a summary order of KRW 3 million for the same crime of violating the Road Traffic Act (driving) from February 22, 2019 to the same support.

【Criminal Facts】

At around 01:50 on May 21, 2020, the Defendant: (a) driven a dpp-car car with drinking alcohol in about 1 km section from May 21, 2020 to the parallel of the front of the mountain tunnel, and stopped on the surface of the bus terminal at the high level of the bus terminal at the end of the mountain tunnel.

The Defendant received a report from the reporter of the above scene and received a report on the witness, and there are reasonable grounds to recognize that the Defendant was drunkly smelled by the Defendant from F, and was driven under the influence of alcohol, such as a brea distance, by drinking alcohol, etc., from F, the Defendant was demanded from 02:14 on the same day to 02:28 on the same day by inserting the whole breath for about 15 minutes from around 02:14 to 15 minutes on the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Accordingly, the defendant violated Article 44 (1) through (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on the circumstantial statements of drivers, investigation reports (report on the circumstances of drivers), notification of the results of the control of drinking driving, detailed reports on the handling of 112 reported cases, reports on the results of investigation, and documentary evidence images;

1. Previous records: Criminal records and other inquiries, investigation reports (power of a suspect's punishment for drunk driving), and application of a copy of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Discretionary mitigation Criminal Act;