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

1. The Defendant committed the crime of May 27, 2020 on May 27, 2020, at around 20:53, 2020, received a 112 report that “influence of drinking alcohol” in front of the B apartment C Dong-si, Seosan-si, and received a 112 report, and responded to the drinking measurement by inserting it into the D District Unit E of the Seosan Police Station, the Defendant was seated in Frantob, and was obstructed in the speech and behavior condition, and he was found to have driven while under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, sound, and shocking, and the walk is red, with a significant reason to recognize that the Defendant driven while under the influence of alcohol. On the same day, the Defendant was demanded from around 21:15 to from around 21:26 of the same day, to take a drinking measurement by inserting alcohol in total three times.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. The Defendant committed a crime on June 5, 2020, as described in paragraph (1), is a person who was under the control of refusing to measure alcohol at around 20:53 on May 27, 2020.

피고인은 2020. 6. 5. 20:23경 제1항 기재 장소에서 ‘며칠 전에도 음주운전으로 신고를 하였다, 오늘도 저 사람 음주상태로 오토바이를 운행하고 왔다, 음주운전한 것을 동영상으로 찍어놨다’라는 취지의 112신고를 받고 출동한 논산경찰서D지구대 순경 G으로부터, 피고인이 말을 더듬고 횡설수설하며, 제대로 걷지 못하고, 혈색이 붉고 눈이 충혈되어 있는 등 술에 취한 상태에서 운전하였다고 인정할만한 상당한 이유가 있어, 같은 날 20:23경부터 20:34경까지 총 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant refused it and failed to comply with a police officer's request for a drinking test without any justifiable reason, thereby violating the prohibition on refusal to take a drinking test more than twice.

Summary of Evidence

1. The defendant's legal statement, each of the reports on the drinking driving control results, each of which will be reported.