A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On August 16, 2012, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of violating the Road Traffic Act (e.g., refusal to measure drinking) in the resident support of the Daegu District Court.

[2] On October 6, 2020 to 11:40 of the same day, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol on the roads in front of the Gyeongcheon-gun, Chungcheongnamcheon-gun, and “A person who drives a motor vehicle on the letobbb in C,” on the roads in front of the Gyeongcheon-gun, Chungcheongnam-gun, the Defendant called out after receiving a report from the police officer affiliated with the police box of the Ycheon-gun, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking, drinking on the face of the Defendant at his entrance,

In spite of the demand for a measurement of drinking three times between about 20 minutes on the ground that there are reasonable grounds to determine the person, “I am Ma, Ma, Ma, Ma, Ma, Ma away”, and did not comply with a police officer’s request for a measurement of drinking without good cause.

Accordingly, the Defendant violated Article 44(2) of the Road Traffic Act, which provides for the duty of measurement of drinking alcohol, at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, inquiry about the results of regulating driving of drinking, report on the circumstances of the driver of drinking, and refusal to measure drinking;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation reports;

1. Article 148-2(1), Article 44(2), and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1), 44(2), and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and the order to attend a lecture has a record of being punished for drinking driving multiple times, and in particular, even if the defendant refused to take a drinking test in 2012 and was sentenced to a suspended sentence of imprisonment, re-offending.

The defendant is under the influence of alcohol and is in danger of drinking to the extent that he reports it by citizens.