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 September 2, 2015, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do on September 2, 2015, and the same power is five times.

【Criminal Facts】

On May 12, 2020, at around 19:00, the Defendant was demanded to comply with a drinking test on a total of three occasions from around 19:26 to 19:37 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven a while under the influence of alcohol, such as a red and walking walk distance, and there was a considerable reason to recognize that the Defendant driven a motor vehicle under the influence of alcohol, which was parked at approximately 255 meters from the front of Scki in Kimcheon-si, to the front road of the same city.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하거나 혀로 음주측정기 빨대를 막는 등의 방법으로 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking alcohol driving and the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Reports on internal investigation (on site conditions and refusal to measure drinking);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for drinking driving, he/she drinks alcohol and refuses to measure drinking, and driving alcohol.