A defendant shall be punished by imprisonment for one year.

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

[criminal history] On February 13, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of the Sugwon Friwon. On March 15, 2012, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On November 9, 2020, the Defendant: (a) while driving a vehicle of 10:50 on the c cafeteria located in Gyeonggi-si, which is located in B, with the E-cafeteria located in D in the same city; (b) when driving a vehicle of F AW-pubed, the Defendant caused a traffic accident leading to H’s operation in the same city at the same time; (c) Upon receiving a report 112, the Defendant driven a vehicle while under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant from K, etc. under the circumstances where the police box of the Police Station of the Republic of Korea Police Station of the Republic of Korea, which called upon 112, by receiving the report.

Due to reasonable grounds, 11:29 on the same day, 11:34 on the same day, 11:39 on the same day, and 11:39 on the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in three times in total.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Reporting on detection of the criminal defendant's statement in court by the fact that the criminal defendant has made a statement (Refusal of drinking measurement);

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Article 148-2 (1), 44 (2), and 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (1), 44 (2), and 14 of the same Act applicable to the option of 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 the suspended execution;

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has the record of driving alcohol.