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

except that 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 August 27, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court on August 27, 2015, and was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seogu District Court on August 28, 2018.

On February 2, 2020, at around 22:43, the Defendant was under the influence of alcohol in the direction of C of the Daegu Police Station for the reason of traffic signal violations, while driving the 4710cc Oral amba, the Defendant was under the control of C on February 2, 2020, in front of the 3rd Seo-gu, Daegu City, Daegu City, the Defendant was under the control of C on February 2, 201, and the Defendant was under the influence of alcohol for about 22 minutes from around 22:53 to around 23:15 of the same day, and was required to comply with the drinking test by inserting the drinking measuring instrument into five times from around 22:5 to around 22:15 of the same day.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하며 음주측정기를 손으로 밀치는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving and drinking refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act (Refusal of measurement), report on circumstantial statements, circumstantial reports, inquiry into the results of the control of drinking and driving, refusal of measurement, and refusal of affixing seals;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation confirmations (suspect criminal records);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has a record of serving two times a fine due to drunk driving, etc. disadvantageously.

(b).