On November 15, 2018, around 16:06, the Defendant: (a) brought about an accident of collision with a damaged vehicle that is driven by a vehicle that is driven by BM520 vehicle while driving a bM520 vehicle while under the influence of alcohol, and (b) proceeded without taking any measure; (c) on the ground that there are reasonable grounds to recognize that the Defendant driven a vehicle under the influence of alcohol by drinking, such as smelling alcohol and smelling on the face, from the border of the Boan Police Station C District, the Defendant was demanded to comply with the alcohol measurement by inserting the whole breath of a drinking measuring instrument over about 15 minutes.

그럼에도 불구하고 피고인은 음주측정기 불대를 입에 물고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2000Hun-Ga48, Apr. 21, 2001) of the Criminal Act, even after 200 years after the sentencing, there is a previous record of four drinking driving and one recommendation refusal to take a drinking test. In particular, if a person is punished as a suspended sentence of imprisonment with prison labor for a human life accident resulting from a drinking driving, the sentence of imprisonment with prison labor is determined as to a driving without a drinking or without a license. Nevertheless, the person seems to drive a considerable distance without his own knowledge. The person is deemed to drive a considerable distance from the five-lane line to the nearest five-lane line, resulting in a major public danger, resulting in a realistic accident, resulting in an accident by de factoizing the risk, and escape immediately after the accident.