Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 28, 2009, the defendant has been notified of a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court.

On August 24, 2020, the Defendant was under the influence of alcohol, such as under the influence of alcohol, such as drinking alcohol at the Defendant’s body from a slopeF belonging to the Etic Zone Etic Zone Etic Zone Etic Zone Etic Zone, the Defendant, who was driving a B observer car in the front of the road while drinking alcohol on August 24, 2020, at around 03:10, while driving a motor vehicle with B observer in the front of the road while drinking alcohol, he was under the influence of alcohol.

There are reasonable grounds to determine a seal, and it was demanded from around 03:25 to around 03:44 of the same day to respond to the measurement of drinking alcohol by inserting approximately 19 minutes in the form of a drinking measuring instrument for about five minutes.

Nevertheless, the Defendant refused to comply with the demand of a police officer for the measurement of drinking without any justifiable reason, such as taking spits into spits, such as spits in a drinking measuring instrument.

Summary of Evidence

1. A witness G’s legal statement H;

1. A detailed statement on the statement of the driver's regular refund, and a detailed statement on the use of a drinking measuring instrument (CA1098);

1. Report on internal investigation by each police: The status of refusal to measure the “dactage,” such as the situation of mobilization at the scene, etc. of the “dacting site,” the “dacting site,” and the photo

1. 판시 전과: 범죄 경력 등 조회 회보서, 검찰수사보고( 동 종 전력 약식명령 문 첨부) [ 피고인과 변호인은 “ 피고인이 호흡을 내뱉는 시늉만 한 것이 아니라, 경찰관의 호흡 측정요구를 받고 적정한 수준으로 호흡을 내뱉는 방법으로 측정에 응했는데도 음주 측정기가 제대로 작동하지 않았거나 피고인이 내뱉은 호흡의 양이 다소 부족했기 때문에 측정결과가 나오지 않은 것으로 보이므로 피고 인의 측정 불응의 사가 객관적으로 명백히 인정되는...