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 April 15, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch.

【Criminal Facts】

피고인은 2019. 10. 21. 21:05경 경남 산청군 오부면 오부교차로에서 B 포터Ⅱ 화물차를 운전하던 중 산청경찰서 C지구대 소속 경위 D으로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠며 횡설수설하는 등 술에 취한 상태에서 위 자동차를 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 21:52경부터 22:03경까지 5분 간격으로 총 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기 불대를 부는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 정당한 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving control, the report on the circumstantial statement of a drinking-driving driver, investigation report (report on the circumstances of a drinking-driving driver), control manual, and photograph of the control site;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant, even though he had a record of being punished once due to drinking driving, driving in the state of drinking again and refusing to take a drinking test is disadvantageous.

However, all of the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant's mistake is recognized, and there is no criminal record other than the punishment history of the above drinking driving.