A defendant shall be punished by imprisonment for not more than ten months.

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

On March 16, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Jinju branch on March 16, 201, and on December 20, 2014, a summary order of KRW 1 million for the same crime in the same court.

On May 30, 2018, the Defendant, while under the influence of alcohol at around 23:26 on May 30, 2018, operated a Daning car in front of the convenience store in Jinju-si B while drinking it on the road.

E's glag was shocked.

At around 23:45 on the same day, the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and smelling on the face from G during the police box of the Jinju Police Station, who was dispatched to the site after receiving 112 reports, while driving the vehicle at around 23:45 on the road before the above C convenience store.

As there are reasonable grounds to recognize it, it was demanded to respond to the measurement of drinking for about 15 minutes by inserting the whole in a drinking measuring instrument.

그럼에도 피고인은 음주 측정을 하기 싫다는 이유로 음주측정기에 바람을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to photographs refused to measure;

1. Article 148-2 of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 and 44 (2) of the same Act applicable to the selective punishment;

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution (In consideration of the fact that the defendant has been able to drive alcohol in the last five years or less only once);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;