A defendant shall be punished by imprisonment for one year.

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.

Criminal facts

【Criminal Records of Crimes】 On November 28, 2017, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support.

【The Defendant was driven under the influence of alcohol on November 22, 2020, while driving D A6-car in the vicinity of the “C Port point” located in the north-gu B at the port of call on November 22, 2020, by driving the Defendant under the influence of alcohol, on the grounds that the Defendant was able to sniffly snife the Defendant, rhhly hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

There is a reasonable reason to determine a person, and from around 07:38 to around 07:59 on the same day, it was demanded to respond to the measurement of alcohol by inserting the breathm in three times during a period of about 21 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하거나 측정에 응하지 않는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 않았다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of any violation of traffic laws on roads, report on the situation of a driver of a driving on roads, and notification of the results of regulating drinking;

1. Each report on internal investigation:

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same history;

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

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 record of the crime, which is the sole criminal record for the reason of sentencing under Article 62-2 of the Criminal Act, and the time interval between the refusal to measure drinking of this case and the time difference between the refusal to measure drinking of this case, the motive, circumstance, reflectivity, etc