A defendant shall be punished by imprisonment for not more than ten months.

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 May 19, 2013, at around 05:18, the Defendant was demanded to comply with the drinking test by inserting approximately 30 minutes of the drinking measuring instrument into a drinking measuring instrument while driving a x-ray car under the influence of alcohol on the road in front of the Y-dong Mari-dong, the Defendant, at around 05:18, while driving the x-ray car B while drinking it.

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. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to management ledger as a result of the brewing survey;

1. Relevant Article of the Act on Criminal facts and Article 148-2 (1) 2 of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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

1. Taking account of the fact that a large number of criminal records have already been convicted of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, even though a suspended sentence was imposed on 2000, and the crime of this case was committed at the same time, Defendant shall be punished with severe punishment; however, Defendant shall be punished with severe punishment, in depth against the crime; and after 2009, Defendant has not been driven under the influence of drinking prior to the crime of this case and has lived faithfully.