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 October 21, 2010, the Defendant was sentenced to six months from the Daegu District Court to imprisonment for a violation of the Road Traffic Act (driving under the influence of the said Act). On February 18, 2014, the Defendant issued a summary order of KRW 4 million for the same crime at the same court on February 18, 2014. On February 5, 2015, the Defendant was sentenced to six months from the Daegu District Court Kimcheon Branch for a violation of the Road Traffic Act (Refusal of Measuring under the influence of the said Act).

【Criminal Facts】

On April 2, 2020, the Defendant was demanded to comply with the drinking test by inserting the drinking measuring instrument four minutes in total four minutes between approximately 20 minutes, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, drinking alcohol, and drinking alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the motorcycle specified in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, investigation report, report on the situation of the home-employed driver, report on the situation of the home-dead driver, relevant photograph, and mandatory insurance association;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant provisions of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of the measurement of noise), and the choice of punishment for the crime;