A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On September 11, 2007, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 1.5 million as a fine from the Gwangju District Court's Branch Branch on March 23, 2010 and KRW 1.5 million as the same crime.

[ criminal facts] On November 27, 2020, the defendant found the defendant's vehicle that appears to be a drinking driver and stopped in the above vehicle while driving a body car in the state of drinking in the Gwangju Mine-gu B around November 23:13, 2020 and reported to 112 that he would be suspected to drive drinking, the defendant's vehicle E belonging to the department of the department of the Gwangju Mine Police Station D police station, the security guards F, and the defendant's vehicle that the above vehicle could be seen to be a drinking driver, and then the defendant who left the above vehicle will die and die.

A person who drives under the influence of alcohol because he/she has a little redlight on a unbrupt and face while ging off, such as referring to a breathy.

The police officers were required to respond to the measurement of drinking by inserting the breath of drinking in a breathr, for a considerable reason to determine the person.

그럼에도 피고인은 같은 날 23:17 경부터 같은 날 23:33 경까지 4회에 걸쳐 음주측정기에 입김을 부는 시늉만 하는 방법으로, 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the ledger using the measuring instruments for drinking;

1. A report on investigation;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

1. Article 148-2 (1), (2) and (1) of the Road Traffic Act and Articles 44-2 (2) and (1) of the same Act concerning the facts constituting an offense, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had been punished for driving alcohol twice.