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

[criminal power] On February 23, 2009, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Changwon District Court on March 9, 2009, a summary order of KRW 1.5 million for the same crime in the same court on March 9, 2009, and was sentenced to imprisonment for 4 months and 2 years for the same crime in the same court on September 4, 2009.

【Criminal Facts】

At around 14:50 on October 16, 2019, the Defendant driven Daba while drinking alcohol from approximately 1km to B apartment C, from the upper m of the upper valley in the Changwon-si, Changwon-si, Changwon-si, Changwon-si.

At the Defendant’s home located in the above B apartment E, the Defendant received a report of 112, and received the Defendant’s 12 report, and there was considerable reason to suspect that the Defendant driven under the influence of alcohol, such as smelling from the Defendant from the police officer F of the Mapo-dong Police Station affiliated with the Mapo-dong Police Station, which caused the Defendant’s house while drinking off, and breathing the snow, and he was under the influence of alcohol, and was demanded to comply with the breath test by inserting the breath in total four times from 15:28 to 15:43 on the same day.

그럼에도 불구하고 피고인은 호흡측정기를 밀어내고, 호흡측정기에 입만 대어 호흡을 불어 넣는 시늉만 하는 방법으로 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

As a result, the Defendant violated the regulations on the prohibition of drinking alcohol driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of enforcement officer;

1. Report on the circumstantial statement of a drinking driver, each investigation report (report on the status of a drinking driver, what is alleged by the suspect to drink alcohol at home), notification to the department reporting the 112 case, and internal death report (on-site photographs, etc.);

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes;

1. Criminal facts;