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

In the Daegu District Court on December 29, 2008, the Defendant received a summary order of KRW 3 million from a fine of KRW 4 million due to a violation of the Road Traffic Act (Refusal of measurement) on December 29, 2008, a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) on July 7, 2009, a summary order of KRW 3 million due to a fine of KRW 1 million on December 16, 2016, and a penalty of KRW 3 million due to a violation of the Road Traffic Act (driving).

On August 18, 2019, at around 03:58, the Defendant: (a) received 112 report to the effect that “the driver of the said vehicle driven the vehicle under the influence of alcohol at the driver’s seat in front of the Cnonoby-si Cnoby-si, Yongcheon-si, and was driving the vehicle under the influence of alcohol,” and was required to comply with a drinking test by inserting the vehicle under the influence of alcohol on three occasions between approximately 04:10 minutes and approximately 40 minutes in total on the same day by inserting the alcohol measuring instrument.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하여 도로교통법의 음주운전 금지 규정을 2회 이상 위반하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the situation of drinking drivers, and report on the internal investigation of the police (with respect to refusal of measurement);

1. Photographss and 112 reported data processing records following a CCTV closure;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (violations of the prohibition of sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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. The defendant for sentencing under Article 62-2 of the Criminal Act.