A defendant shall be punished by imprisonment for a term of one year and three 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

[Criminal Power] On September 14, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act by the Daegu District Court.

【Criminal Facts】

On August 14, 2020, at around 21:40 on August 21, 2020, the Defendant: (a) caused a traffic accident while driving a D Poter vehicle in front of the CPoter located in Yongcheon-si B while drinking, and (b) there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a cropious, inaccurate face, red, and a bridge, etc., from the F of the police box belonging to the Youngcheon Police Station, who received and called the 112 traffic accident report, and received the notification of the 112 traffic accident, the Defendant was demanded to comply with the alcohol measurement by inserting approximately 20 minutes into a drinking measuring instrument on three occasions at the Youngcheon Police Station around 22:25.

그럼에도 불구하고 피고인은 “나는 죽으면 그만이다, 너희 마음대로 해라”라고 말을 하며 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Four copies of the photograph;

1. Previous records before judgment: Criminal records, inquiry reports, related case lists, application of summary order-related Acts and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.

There is a record of punishment due to drinking driving.