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

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

Punishment of the crime

The defendant is a person who is engaged in driving service of HG volume by borrowing D.

On July 6, 2018, the Defendant driven a vehicle under the influence of alcohol, such as drinking alcohol reduction, drinking alcohol, smelling, snicking on the face, while driving the vehicle under the influence of alcohol in front of the third apartment house in Ansan-si, the Defendant driven the vehicle under the influence of alcohol from F to the police officer belonging to the Police Station of Ansan-gu, the Defendant, while driving the vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하거나 별다른 이유 없이 측정에 응하지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions stated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following conditions of sentencing.

- Unfavorable circumstances: The fact that there is a record of being punished as a crime of violating the traffic laws on roads in 2008 and 2011; the fact that confessions and reflects; the fact that there is no criminal record exceeding the fine;