A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On September 21, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch on September 21, 2015, and on April 12, 2018, the Incheon District Court was sentenced to imprisonment of eight months and two years of probation for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act.

(2018. 4. 20. 확정). 【범죄사실】 피고인은 2019. 7. 15. 19:39경 B 화물차를 운전하여 서울 강서구 C에 있는 D 앞 도로를 진행하던 중 술에 취해 차량 안에서 잠이 든 뒤 ‘음주운전을 하는 남자가 차량 안에서 자고 있어 차가 막히고 있다’는 신고를 받고 출동한 경찰공무원 순경 E 등으로부터 술냄새가 심하게 나고, 얼굴에 홍조를 띠며, 비틀거리는 등 술에 취한 상태에서 차량을 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 19:50경 음주감지 후 20:00경부터 20:30경까지 3차에 걸쳐 음주측정 요구를 받고도 음주측정기 불대에 입만 갖다 대고, 부는 시늉만 하는 방법으로 음주측정에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol at least twice by failing to comply with the request of a police officer for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement, investigation report, notification on the results of the crackdown on drinking driving, photographic cans and photographs taken by field enforcement officers;

1. Criminal records as indicated in the judgment: Application of criminal records, etc. inquiry reports, investigation reports (the previous records and confirmation of recidivism during the period of suspension of execution, and the Acts and subordinate statutes;

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. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.