A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On May 13, 2014, at around 22:52, the Defendant, without obtaining a driver's license, was required to respond to a drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 10 minutes, while driving C or other vehicles from the front line of convenience stores in the trade name of the main apartment unit in the Dobong-gu, Young-gu, Dong-gu, Dong-gu, Seoul Special Metropolitan City to the front line of the same Eup, while driving C or other vehicles from the front line of convenience stores in the trade name of the main apartment unit in the front line of the Dong-gu, Dong-gu, Seoul Special Metropolitan City to the front line of the Eup.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Although the reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a record of being punished three times due to drinking driving, in light of the fact that the defendant committed the crime of this case again, the circumstances and the nature of the crime are not somewhat weak, but the defendant led to the confession of the crime of this case and seriously against it.