A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Power of crime] On March 23, 2009, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (refluence of drinking), and a summary order of KRW 2 million for a violation of road traffic law (refluence of drinking), respectively, in the same court on October 8, 2007.

[2] On September 16, 2020, the Defendant: (a) driven a motor vehicle of DNA learning in front of a cafeteria at the “C” restaurant No. 17:03 on September 16, 2020; (b) driven the motor vehicle under the influence of alcohol, such as drinking the motor vehicle to the Defendant from F for the guard of the police box No. 1334, Jun. 16, 202, and in an inaccurate manner.

As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting about 10 minutes from around 17:10 to around 17:20 on the same day all about three occasions.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 않았다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, notification of the results of crackdown on drinking, and related photographs;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures is committed by the defendant without justifiable grounds. The above act of refusing to measure drinking without justifiable grounds is intended to avoid punishment due to drinking. Therefore, it is necessary to strictly punish the defendant. The defendant is subject to criminal punishment due to two times of driving alcohol and refusing to measure drinking once, and persons who respond to the measurement of drinking in a net order.