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

On December 8, 2008, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch of the Daegu District Court on December 8, 2008, and KRW 4 million as a fine for the same crime in the same court on November 5, 2013, and KRW 5 million as a fine in the same court on April 14, 2015, respectively.

Nevertheless, at around 02:30 on May 31, 2020, the Defendant driven a motor vehicle EAP while drinking from the front of the “Ccafeteria” road in Daegu-gu, Daegu-gu, to the front of the D in Daegu-gu, the Defendant was required to comply with the measurement of alcohol by inserting the alcohol measuring for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol from the police officers G belonging to the F Zone of the Daegu Southern Police Station, such as the inaccuracy, in-depth, and in an inaccurate and irregular distance.

Nevertheless, the Defendant did not comply with a police officer’s request for measurement of alcohol without justifiable grounds by avoiding the breath of alcohol, avoiding the breath of alcohol, etc., or avoiding the breath of alcohol.

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. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (2) and (1) 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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, character and conduct, environment of the accused.