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 September 2, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on September 2, 2016.

On July 3, 2019, at around 03:45, the Defendant was required to respond to a drinking test in order to clarify whether the Defendant was under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as walking snow and photographing on the face, and making it possible to recognize that the Defendant was under the influence of alcohol, on the front side of B apartment at the time of a medical trial.

그럼에도 불구하고 피고인은 같은 날 04:03경부터 같은 날 04:23경까지 3회에 걸쳐 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피함으로써 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하여 음주운전 금지 규정을 2회 위반하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A report on the actual state of the driver;

1. A video CD rejected for measurement;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, and summary orders;

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

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the criminal records of the accused with the reason of sentencing under Article 62-2 of the Criminal Act, the background and distance of the driving, the circumstances of refusal to measure drinking, and the age, character, conduct and environment of the accused;