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 10, 2008, the Defendant was issued a summary order of a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act.

【범죄사실】 피고인은 2020. 9. 2. 19:30경 인천 미추홀구 B 앞 도로에서 술을 마신 상태에서 C 아반떼 승용차를 운전하던 중 인천 미추홀경찰서 D 소속 경위 E로부터 피고인에게서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되어 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 총 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

As a result, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the report on the circumstantial statement of a drinking driver, which is used for measuring instruments;

1. A photograph refusing to measure drinking;

1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (hereinafter referred to as the “Discretionary Mitigation”), Article 62(1) of the Criminal Act (hereinafter referred to as the “Discretionary Mitigation”), a stay of execution, which is favorable to the reasons for sentencing, is considered as follows;

1. The reason for sentencing under Article 62-2 of the Criminal Act is clear that the defendant, for the reason of sentencing and the order to attend a lecture, was involved in an accident, left the scene and controlled, and did not comply with the request of the police officer for the measurement of drinking, and the nature and circumstances of the crime are bad.

The Defendant had been punished twice as a drunk driving even before committing the instant crime.

(b).