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

On June 20, 2007, the Defendant received a summary order of KRW 700,000 from the Cheongju District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on July 30, 2014, from the Cheongju District Court to a fine of KRW 4 million for a violation of the Road Traffic Act, respectively.

Around 10:40 on June 14, 2020, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 20 minutes from around 10:56 to 11:16 on the same day, while driving a ccuss car in front of the sanitary environment office of the Chungcheong-si 659-23, while receiving 112 a report while driving the ccuss car on the road in front of the sanitary environment office of the Chungcheong-si, the Defendant, who was dispatched to the site after receiving the 112 report, and the Defendant himself, called “a person under the influence of alcohol” to read “a person under the influence of alcohol.” In addition, the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument for about 20 minutes from around 10:56 to 11:16 of the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하고 음주측정에 응하지 아니하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

As a result, the defendant violated the Road Traffic Act (driving) or the Road Traffic Act (Refusal to measure the drinking level) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report 112 Report, report on confirmation of occurrence of a case, and report on the results of the drinking driving control; and

1. Previous records of judgment: Application of each of the criminal records, repeated statements, and copies of summary order, respectively;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or imprisonment);

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

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

1. The sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend lectures.