A defendant shall be punished by imprisonment for one year.

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

around 02:09 on September 22, 2019, the Defendant: (a) driven a maid restaurant located in the C et al. in the C et al. located in the C et al. in the C et al. of the same city through the 33km section from the 33km section to the E et al. located in D et al. of the same city; (b) received a 112 report to the effect that “the Defendant is a drinking-free vehicle driving to the scam from the volcanic distance,” and received a request from H and policeman to the G police station located in the G police station in the Seosan-si, the Defendant was under the influence of alcohol, such as the Defendant’s blood color is red, a large walking, and the Defendant’s speech and behavior are not normal, and on the same day, from 02:29 to 02:40 on the same day, the Defendant was required to put in a drinking measuring instrument for a total period of three hours from GJ to the 02:40 on the day.

그럼에도 불구하고 피고인은 “음주측정 안한다, 깜빵에 그냥 집어넣어라”라고 말하며 음주측정기에 입김을 불어 넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs explanation;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The previous case has two times the previous case, the defendant has driven alcohol from September 21, 2019, which was the day before the control of the defendant, and the defendant has refused a legitimate measurement request and thus there is no criminal record exceeding a fine, and the last drinking driving is around 2006, and the defendant is the defendant.