A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 12, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court, which was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act, on June 3, 2010, which was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Cheongju District Court on August 11, 2015, which was sentenced to a summary order of KRW 6 million for a crime of violating the Road Traffic Act at the Cheongju District Court on August 30, 2018. The above sentence was finalized on September 7, 2018.

The Defendant, at around 03:00 on September 3, 2020, was under the influence of alcohol from around 450 meters to the front road of Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and was parked in the part above the right-hand part of the Vietnam-do cruise car while driving the E-be cruise car.

A traffic accident caused the front part of the F Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Due to reasonable grounds, there was a demand from around 03:48 of the same day to around 04:21 of the same day to respond to the measurement of drinking alcohol by inserting the whole breath in five times.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, and photographs refusing to notify the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Article 148-2 (1) and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;