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 September 20, 2006, the defendant was sentenced to the suspension of indictment for the violation of the Road Traffic Act at the Jeju District Prosecutors' Office.

On June 18, 2020, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument for about 28 minutes in a manner of b8 minutes in which the Defendant was under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the reduction of drinking reaction during drinking so that he was under the influence of alcohol, and that he was under the influence of alcohol by inserting it into a drinking measuring instrument for about 28 minutes.

그럼에도 피고인은 계속 불상의 사람과 통화를 하며 현장을 이탈하려고 하고 음주측정기에 입김을 불어 넣는 시늉만 하는 등 음주측정을 회피하며 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Related photographs;

1. Application of the Acts and subordinate statutes to the Report on the Control of Drinking Driving (2006);

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances as a whole: (a) the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act has not been repeated for a long time; (b) the defendant’s age, character and conduct, family relationship, environment, circumstances of the crime; and (c) the circumstances after the crime were committed.