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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In Daegu District Court, the Defendant has received a summary order of KRW 1.5 million on November 27, 2009, and a summary order of KRW 1.5 million on August 16, 2012, respectively, from the Daegu District Court.

On August 31, 2020, at around 03:08, the Defendant driven Bho-do car at a distance of about 300 meters from the front of the pacton golf course located in the Daegu Suwon-dong to the road in front of the sloping-dong, and at the same time, the Defendant was demanded to comply with a drinking test by inserting the drinking in four times at around 03:10, around 03:16, around 03:21, and around 03:26, around 03:26.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하여 도로교통법 제44조 제1항 또는 제2항을 2회 이상 위반하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Report of internal investigation by the police;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which 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. Even before the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty, is again carried out on the new wall after the enforcement of the Road Traffic Act.