Defendant shall be punished by imprisonment for a term of one year and two months.

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

On March 12, 2010, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act, from the Daejeon District Court (Seoul District Court), and on June 14, 2013, the same court received a summary order of three million won or more for a violation of the Road Traffic Act.

Around 18:31 on August 30, 2020, the Defendant driven a D low-speed motor vehicle under the influence of alcohol at approximately 300 meters from the end of the Pacific Police Station Emb, Seosan City, to the front of the C, and was in the right side of the road while being able to get a sewage treatment plant gate installed on the right side of the road, and then there is an accident vehicle, and the driver is driving the motor vehicle under the influence of alcohol. The Defendant was demanded to comply with the drinking measurement by inserting it into a total of three times during the period from 19:34 to 19:52 on the same day, since there are reasonable grounds to recognize that the Defendant driven the motor vehicle under the influence of alcohol from F of the Masan Police Station Emb, which was called upon 112 report, and the Defendant was able to take the influence of alcohol, such as smelling the Defendant and snicking on the face.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 입김을 불어넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's legal statement, field photograph, photograph, drinking control report on his driving, and the circumstantial statement;

1. A written inquiry, such as a photograph explanation and criminal record;

1. Application of statutes, such as judgment;

1. The Defendant, on the grounds of Article 148-2(1), Articles 44(2) and (1) of the Road Traffic Act, Article 53 and Article 55(1)3 of the Act on Discretionary Mitigation of Imprisonment with labor, Article 62(1) of the Act on Suspension of Execution of the Criminal Act, Article 62(1) of the Social Service Order Act, and Article 62-2 of the same Act on the grounds of sentencing of Article 62-2 of the Social Service Order, in the course of drinking alcohol driving, refused to comply with a police officer’

The Road Traffic Act.