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

On November 1, 2019, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act at the Daegu District Court on November 1, 2019.

On September 3, 2019, at around 03:25, the Defendant was required to comply with the alcohol test by inserting the whole b0 minutes between around 04:04 on the same day, the following day: (a) there was a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling red on the face, from the policeman affiliated with the police box of the Busan Police Station, who heard the statement of 112 reporter, the Defendant: (b) was able to recognize that he was driving under the influence of alcohol, such as drinkinging and smelling on the face; and (c) from around 04:04 to around 20 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하여 도로교통법 상 음주운전 금지 규정을 2회 이상 위반하였다.

Summary of Evidence

1. Statement of the police statement of witness F concerning the legal statement of witness F;

1. Report on the statement of the state of the driver at the home, and interview to the field of the case on the police report (as to the status of refusal of noise measurement);

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power of refusing to measure sound records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant re-undertakes drinking again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standard and statutory punishment, and the police officer's request for a alcohol test by receiving 112 report, and according to the report of the Defendant's speech and behavior at the time of detection, it is small that the Defendant is in a state of drinking.