A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who engages in construction business.

On July 6, 2017, at around 10:20, the Defendant 167 the Seongbuk-gu Seoul Seongbuk-ro 167-ro, the Seongbuk-gu Seoul (Seoul) Happed in a restaurant near the road, and then Happed in the Bp-ro car owned by the Defendant, while driving the Defendant’s Bp-ro car, the Defendant 1 was shocked by the victim C, who was parked in the lower part, following the said car.

Defendant: (a) was under the influence of alcohol from police officers F of the Seoul Southern Police Station E District Police Station, police officers assigned to the site upon receiving a report of a traffic accident after the occurrence of the traffic accident; and (b) was under the influence of drinking and smelling from G.

인 정할 만한 상당한 이유가 있음을 이유로 약 34 분간 수회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정을 요구 받았으나 음주사실이 발각될 것을 우려하여 고의로 입김을 불어넣는 시늉만 하였다.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement in the circumstances of the driving at home;

1. Control report:

1. Application of Acts and subordinate statutes to investigation reports (video materials which refuse to measure drinking);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Taking into account the circumstances, such as the fact that there exists a history of punishment for driving under the reason of sentencing under Article 62(1) of the Criminal Act, the traffic accident caused by driving under the influence of alcohol, the fact that there is no criminal punishment exceeding the fine, and the fact that it is against the law.