A defendant shall be punished by imprisonment for a term of one year and three months.

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 December 22, 2009, the Defendant was issued a summary order of a fine of one million won at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 27, 2019, the Defendant was punished for drunk driving, but at around 01:0 on June 27, 2019, the Defendant was required to comply with the drinking test by inserting alcohol in four minutes from around 01:24 to about 01:45 on the same day, while driving the bpool truck on the front road of the Handong-dong, which is in front of the Handong-dong, in a state of drinking on the side of the Handong-dong, and there is considerable reason to recognize that the Defendant driven the bpool in the state of drinking, such as smelling alcohol by the Defendant from the driver C of the Busan East Police Station C, while driving the bpool truck in the state of drinking.

그런데도 피고인은 음주측정기 불대에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (Refusal of measurement);

1. Application of one film CD, which refuses to take a drinking alcohol test, to Acts and subordinate statutes;

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

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

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

1. The defendant's age, character, character, environment, etc. including circumstances favorable to the defendant, such as the fact that the reason for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc. has three times the criminal history of drinking, and the defendant has three times the criminal history of a second offense, and the previous criminal record has nine years or more, reflects his/her mistake, and did not cause an accident in the course of driving.