A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 6, 2007, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Chuncheon District Court, and on June 12, 2018, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the same court on June 20, 2018, which became final and conclusive on June 19, 2020.

【Criminal Facts】

On July 19, 2020, at around 00:30, the Defendant was under the influence of alcohol at the parking lot of the building located in Kangcheon-si, Gangwon-si, Chungcheongnamcheon-si, and was under the influence of alcohol, and was under the influence of loading of D-wing and 3 freight cars parked in and around the said building columns.

Since then, the Defendant received a traffic accident report and received a demand to respond to the measurement of drinking alcohol by inserting the breath for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as the Defendant’s face, red, smelling, and smelling from G, etc. from the police officer of the Chuncheon Police Station Estation, who was called out after receiving a traffic accident report.

그럼에도 피고인은 위 경찰관들과 신고자에게 큰소리로 욕설을 하고, 음주측정기에 입김을 불어넣는 시늉만 하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement, report on the occurrence of a traffic accident, actual condition investigation report, and on-site photograph of a defendant;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation reports (facam images) and investigation reports (reports on the analysis of suspect's refusal to dact alcohol measurement);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the records before and during the period of stay of execution);

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. The defendant's reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are to drive under the influence of alcohol.