A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On February 29, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on February 29, 2012, and a summary order of KRW 3 million for the same crime from the same support on July 21, 2017.

【Criminal Facts】

At around 01:05 on February 13, 2020, the Defendant, while driving a D-to-p motor vehicle at the front of the original D-to-p motor vehicle located in C-A-C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A

그럼에도 불구하고 피고인은 같은 날 01:24경부터 01:38경까지 약 14분 동안 수회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도, 입김을 불어넣는 시늉만 하고 이를 제대로 불어넣지 않고 경찰관을 뿌리치고 현장을 이탈하려고 하였다.

As a result, the defendant did not comply with the police officer's measurement in a situation where there is a considerable reason to recognize that he was under the influence of alcohol even though he had a history of punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notifications of the results of the drinking driving control;

1. - One on-site photograph, - three on-site photographs.

1. Investigation report (verification of screen pictures which refuse to measure drinking, in the form of 46 pages of records);

1. Records of judgment: Criminal history records, return reports (A), investigation status (Attachment of judgment in cases, such as driving of the same kind of suspect under the influence of alcohol), - Application of statutes, such as judgment;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The Criminal Act, the suspension of execution;