A defendant shall be punished by imprisonment for six 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

On January 31, 2018, at around 21:28, the Defendant driven a GM5 vehicle while drinking alcohol on the front of the 67-ro 159 Do-ro Do-ro 159 Do-ro, Guro-gu, Seoul, and reported a broken-down vehicle to Na 112, and received the report, the Defendant driven the vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking on the face, drinking alcohol, and drinking alcohol reduction as a result of the measurement of the drinking reduction.

For about 25 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of enforcement manual statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options 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. Taking into account the fact that the reason for sentencing under Article 62-2 of the Criminal Act was three times the period of punishment for driving under drinking prior to 2009, the details and details of the crime, the age, sex, environment, etc. of the defendant