A defendant shall be punished by imprisonment for one year.

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

around 06:50 on May 12, 2017, the Defendant was on the front side of Seocho-gu Seoul Metropolitan Government, while driving D rocketing car with drinking on the front side of Seocho-gu Seoul Metropolitan Government.

E Launaly, the front part of the rocketing car was received in front of the rocketing car.

Defendant at around 07:01 on the same day, at around 07:01 Seoul Seocho-gu Seoul Seocho-gu distribution, Defendant 1 arrived at the H line of 179 Seocho Police Station H, which is a police official belonging to the above police station, and was driven under the influence of alcohol, such as drinking alcohol and smelling red on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Video CDs for which drinking alcohol measurement is refused;

1. 수사보고( 단속 경찰관 통화), 추송서, 수사보고( 추송 관련 음주측정기 사용 대장 등 첨부) [ 증인 J, G의 각 법정 진술, 음주 측정거부 영상 CD의 영상 등 증거를 종합하면, 피고인이 경찰관의 적법한 음주 측정요구에 대해 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 음주 측정을 회피하여 음주 측정을 거부한 사실이 인정된다.

According to Article 31 (5) of the Police's Guidelines for Traffic Control, the defendant's defense counsel defines the definition of a person who refuses to measure alcohol at intervals of five minutes as "a person who fails to respond at intervals of three times or more".