On September 18, 2018, at around 09:40 on September 18, 2018, the Defendant was required to respond to a drinking test by inserting the breath of alcohol into a drinking measuring instrument for about 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling and smelling on the face, etc., while driving D Ttith of a motor vehicle while under the influence of alcohol on the road before a police box located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of drinking control;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case is committed against the defendant, since the defendant did not respond to a police officer's request for measurement of drinking alcohol without any justifiable reason, the criminal nature of the crime is not weak, the defendant has a past record of criminal punishment five times due to drinking driving, and the drinking driving is a high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant for eradicating such crime.

On the other hand, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant did not cause a traffic accident involving human and material damage while driving under influence; and (c) the person wishing to have the Defendant’s wife; and (d) the Defendant is also trying to not drive under the influence of alcohol again; and (b) the Defendant is also trying to do so.

. The above.