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 March 2, 2016, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 2, 2016, and on April 14, 2017, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

[범죄전력] 피고인은 2020. 4. 10. 20:05경부터 20:35경까지 경북 예천군 B에 있는 ‘C’ 앞에서 “앞에 차가 휘청거린다, D 1톤 지보쪽으로 간다”라는 내용의 112신고를 받고 출동한 경북예천경찰서 E파출소 소속 경위 F으로부터 피고인의 입에서 술 냄새가 나고 말을 더듬거리며 보행상태가 비틀거리는 등 술에 취한 상태에서 운전하였다고 인정할만한 상당한 이유가 있어 4회에 걸쳐 음주측정 요구를 받았음에도 음주측정기 불대에 입을 대고 부는 시늉만 하며 경찰공무원의 음주측정요구에 응하지 아니하였다.

Therefore, despite the fact that the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol, the defendant violated Article 44 (2) of the Road Traffic Act which prescribes the duty of measurement of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, report on the circumstances of drinking drivers, and list of 112 reported cases;

1. Investigation report (report on the circumstances of the driver), internal investigation report (Attachment to field photographs);

1. Previous convictions in judgment: Application of criminal records and investigation reports (related to suspect drinking-related records, drinking and non-licensed records) Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant was punished for a drunk driving in 2016 and 2017, and the defendant committed a second offense.