A defendant shall be punished by imprisonment for not more than ten months.

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

On May 26, 2017, the Defendant driven a D motor vehicle under the influence of alcohol on the front of “C” on the road located in Yongsan-gu, U.S.A. and Dong-gu, U.S. on May 26, 2017, while driving a motor vehicle under the influence of alcohol, such as smelling and smelling the Defendant on the face from the slope F belonging to the Dong-gu, U.S. Police Station E, U.S., and making the redlight.

There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정을 거부하거나, 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger using the drinking instruments, such as a statement report on the situation of a driver who takes drinking;

1. Application of Acts and subordinate statutes to a report on investigation;

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;

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. In full view of the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and other circumstances, the sentencing indicated in the records of this case and the theory of changes, for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined.