A defendant shall be punished by imprisonment for two years.

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

On November 26, 2010, the defendant received a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 26, 2010.

On February 24, 2020, the Defendant: (a) while driving a knife vehicle B in front of the Dongnam-gu, Chungcheongnam-gu; (b) while having received a 112 report, the Defendant avoided a police officer’s demand for the measurement of alcohol by means of a bnife test on the ground that there are reasonable grounds to recognize that the Defendant driven the said vehicle while under the influence of alcohol, such as smelling at the Defendant’s entrance, sniffing at the Defendant’s bnife, Yannam-gu, Yannam-gu; and (c) he did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds.

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 driver, the circumstantial report of a drinking driver, the internal report (on-site conditions, refusal of measurement, etc.), the use register of a drinking measuring instrument, and the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of criminal records before sound driving) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are found to be erroneous and against the defendant, and the defendant again committed the crime of this case despite the previous conviction in the judgment of the defendant, the circumstances and attitudes of refusing to measure drinking of this case, the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing specified in the arguments of this case shall be determined as ordered, taking into consideration