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 April 25, 2018, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

1. Around 23:40 on December 22, 2019, the Defendant was required to comply with a drinking test by inserting a drinking gauge into a drinking-free measuring instrument for about 25 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, drinking, and drinking distance, while driving a D-to-pp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않음으로써 도로교통법 제44조 제1항 또는 제2항을 2회 이상 위반하였다.

2. Around December 22, 2019, the Defendant violated the Road Traffic Act (free license) driving of a D-hurd-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written Statement;

1. Report on the occurrence of a traffic accident, photographs of the scene of the accident, report on the traffic accident, site of the accident, and vehicle photograph;

1. The circumstantial statement of a drinking driver, report on internal investigation (at the site of a suspect A's refusal to measure alcohol), and the ledger of use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgment of like A of a suspect);

1. Relevant provisions of the Act on the Crime, Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act (a point of refusal of the measurement of noise), and the choice of punishment for the crime;