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 July 24, 2017, the Defendant was issued a summary order of KRW 2 million at the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 8, 2020, around 16:10, the Defendant, while driving a DNA-learning car at approximately 2 km section from the front road of the window B at Changwon-si, Seoul, while driving the D-learning car at around 2 km section, was driven by the said passenger car.

The Defendant was required to comply with a drinking test by inserting the breath to 16:10 on the same day and 16:20 on the same day, there were reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant, who was seated at a driver’s seat by F in the process of keeping the police box belonging to the Changbu Police Station Emba, which was called after receiving a report of 112, and was under the influence of alcohol, such as drinking alcohol, drinking alcohol, fluoring, and drinking alcohol, etc.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고 무조건 봐달라고 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver, the report on the situation of the employer-employed driver, and photographs; and

1. Each internal investigation report and investigation report;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);