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 October 8, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act at the Cheongju District Court on October 8, 2008, and a fine of 3 million won as a crime of violation of the Road Traffic Act at the Cheongju District Court on November 17, 2014.

피고인은 2020. 4. 14. 18:27경 술에 취한 상태로 B 포터2 화물차를 운전하여 청주시 흥덕구 C에 있는 피고인의 주거지에서 같은 구 D에 있는 E주유소 앞 도로까지 약 1km 구간을 운전하던 중 청주흥덕경찰서 F지구대 소속 경위 G로부터 피고인의 발음이 부정확하고, 술 냄새가 심하게 나며 눈이 충혈되어 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어, 같은 날 18:27경부터 18:47경까지 약 20분간 4차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 “나 운전 안했어 똥파리 새끼야, 맞짱 뜰까”라고 소리치며 음주측정을 거부하였다.

Ultimately, the Defendant was a person with the power to drive a motor vehicle under the influence of alcohol not less than twice, and did not comply with a police officer’s request for a alcohol measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Control note;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (a copy of the previous report and summary order) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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 lecture attendance order under Article 62-2 of the Criminal Act shall be selected and punished by imprisonment with prison labor for the accused who refuses to measure drinking, taking into account the same criminal records of the same kind of crime with the reason of sentencing, and there is no penalty force exceeding the fine and health status.