A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On October 19, 2017, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court, and on February 22, 2019, a fine of five million won for a violation of the Road Traffic Act (driving) in the public support of the Daejeon District Court.

At around 13:10 on November 20, 2019, the Defendant reported 112 to the effect that “The borrower had a fluence vehicle, and that the borrower would go to the second floor of the stairs of the building.” The Defendant sent the vehicle to the F Hospital located in the Hongsung Police Station C zone, and the circumstances D, etc. belonging to the Hongsung Police Station C zone were dispatched to the said place on the first floor, and sent the vehicle back to the F Hospital located in E, complaining for the alleys, etc.

피고인은 2019. 11. 20. 14:08경 위 F병원 응급실에서, 피고인의 혈색이 붉고, 발음이 부정확하며 입에서 술 냄새가 나는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 위 D으로부터 17분 동안 약 10회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기에 입김을 불어넣는 시늉만 하며 이를 회피하였다.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. G self-statements;

1. A photograph of a photograph by refusing measurement;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each relevant summary order attached thereto;

1. Relevant provisions of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of measuring sound content), and choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has been punished several times for drunk driving, and recently, he was punished for the crime of aiding and abetting drinking driving.