A defendant shall be punished by imprisonment for not less than eight 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 August 1, 2006, the Defendant was sentenced to a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on August 1, 2006, and a person who was punished two times or more as a crime of violating the Road Traffic Act (drinking driving) by receiving a summary order of KRW 3 million as a fine from the same court on December 6, 201.

1. On June 15, 2015, the Defendant: (a) driven a bro-car under the influence of alcohol content 0.059% in blood while under the influence of alcohol on the 9km section from the 20:20 day before the convenience store in the repair in the Gu internal Eup at the Cheongju-si at the time of Cheongju-si to the front road of 68-1, the petition rate of about 212, Cheongju-si at around 20:20 on the same day; (b) the Defendant driven a bro-car under the influence of alcohol content 0.059% in blood.

2. When and at the place specified in paragraph (1), the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and smelling on the face of the police station C District of the Cheongju Petition Police Station, from D state guards belonging to the Cheongju Petition Police Station, at the location of the motor vehicle accident.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting four times a total of about 40 minutes in the measuring instrument of drinking.

그럼에도 피고인은 음주 측정기에 입김을 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. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident-related statement prepared by E;

1. An explanatory note;

1. Notification of the results of regulating the driving of drinking alcohol, and a report on the driver's regular statement;

1. A photograph refusing the measurement of drinking, or field photograph;

1. Previous convictions in judgment: References to criminal records, replys to criminal records, application of Acts and subordinate statutes (formers and confirmations);

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusing to measure drinking), and choice of imprisonment with prison labor.