A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On September 22, 2006, the Defendant was issued a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (drinking).

[2] On May 31, 2020, the Defendant: (a) driven a motor vehicle under the influence of alcohol at the 47-lane 69-gil-ro, Daegu-gu, Daegu-gu, 00 on May 31, 202; (b) driven the motor vehicle under the influence of alcohol, while under the influence of alcohol at a two-lane 69-lane; (c) parked the motor vehicle on the side by avoiding drinking control from the border of the Daegu-gu police station that was under the control of drinking at the same time; (d) parked the motor vehicle on the side; and (e) was red,

There is a reasonable reason to determine a person, and from around 03:07 to around 03:27 of the same day, it was demanded to respond to the measurement of alcohol by inserting the breath for about 20 minutes into a drinking measuring instrument three times.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 등의 방법으로 이를 거부하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Accordingly, the defendant was driving a drinking or refusing to take a drinking test at least twice.

Summary of Evidence

1. The defendant's legal statement, investigation report (the main driver's report on the situation), and internal investigation report on the refusal of measurement;

1. Reports on the detection of drivers in violation of the Traffic Act on the road and the circumstantial statement of the drivers in charge;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (verification of the same kind of force), and application of the statutes governing summary orders;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has a record of being punished by a fine due to drinking driving, etc. is disadvantageous.

However, since 2006, there is no record of punishment due to drinking, and there is no record of punishment exceeding the fine, and the age and age of the defendant.