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 July 1, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court in the Changwon Branch on July 1, 2014, and received a summary order of KRW 2 million for the same crime from the same support on August 28, 2017.

【Criminal Facts】

On October 27, 2019, at around 22:35, the Defendant, while driving a Dsch Rexton car on the front of the C Center located in C Center in C Center in C Center in C Center B, he stopped on the road by locking.

피고인은 같은 날 22:49경 같은 장소에서, ‘차가 신호대기하고 안에 사람이 있는데, 가지 않고 일어나지 않는다.’는 112신고를 받고 출동한 밀양경찰서 E지구대 소속 경위 F, G으로부터 피고인에게서 술 냄새가 나고, 음주감지기에서 음주 반응이 도출되는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 18분에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받고도 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act (Refusal of measurement), processing of reports on 112 cases, eight copies of site photographs, report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the control of drinking driving, report on investigation, and inquiry into the results of the control of drinking driving;

1. Criminal records: Application of criminal records, inquiry reports, investigation reports, copies of summary orders, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.