A defendant shall be punished by imprisonment for six 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 October 30, 2014, at around 20:50, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, etc., while driving a DNA cambing vehicle in front of the flow distance, which is in front of the flow distance, on the road of the port of delivery, which is in front of the port of delivery, while driving the D cambing on the road in front of the flow distance.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to time, etc. for a suspect's request for alcohol testing);

1. A report on detection of a host driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act are selected in light of the fact that the defendant did not comply with the measure of drinking alcohol despite having been issued a summary order due to drinking driving in 2010 and 2014.

However, considering the fact that the defendant's mistake is recognized and against the defendant, there is no record of criminal punishment exceeding a fine, the defendant's age, family relationship, etc., the punishment against the defendant shall be mitigated and set as the order and the execution thereof shall be suspended on the condition of probation.