A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 8, 2010, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on July 13, 2015, respectively.

【Criminal Facts】

On August 9, 2020, at around 21:38, the Defendant was required to comply with the alcohol alcohol measurement by driving the Clearning car in front of the Incheon Yeonsu-gu Incheon House, and causing an accident that shocks a car parked on the road and receiving a report, and to recognize that the Defendant driven under the influence of alcohol, such as drinking, smelling, walking, and walking off the suspect from E in the circumstances belonging to the Yeonsu-gu Police Station D, dispatched to the police station, and failing to properly hold the body, and driving under the influence of alcohol, such as a molding distance, etc., on three occasions from 21:50 to 22:05 of the same day.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣은 시늉만 하거나 회피하는 방법으로 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, such as a report on the actual condition of the traffic accident, a survey report, a field photograph, vehicle photograph, etc., report on the detection of a jun driver (13), and an investigation report (6,9 in order);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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;

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, recognizes his/her mistake.

However, even though the defendant has been sentenced to a fine twice as a crime of violation of the Road Traffic Act, or one time as a crime of violation of the Road Traffic Act, the defendant again committed the crime of this case, and the defendant.