A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal record] On May 16, 2018, the defendant was issued a summary order of KRW 7 million on the grounds of the violation of the Road Traffic Act (driving) in the support of the Daejeon District Court of Daejeon District on May 16, 2018.

[Criminal Facts of crime] On September 14, 2020, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument on September 14, 202, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking on the face, drinking, drinking away, and in an inaccurate manner, by inserting the drinking measuring instrument into a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. A written statement of the defendant's legal statement and a written confirmation of investigation process;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. An accident site photograph;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of a copy of summary order), and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

The defendant, as stated in the ruling, is punished as a drinking driving, again refuses to take a drinking test.