A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 27, 2010, the Defendant was issued a summary order of 2.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 00:40 on December 19, 2019, the Defendant was on the front road located in Yong-gu, Suwon-gu, Suwon-si, Suwon-si, and the Defendant was required to comply with the alcohol alcohol measurement by inserting it in a manner of inserting it into a drinking measuring instrument three times at around 00:45 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling, smelling, sniffing, sniffing, sniffing, sniffing, sniffing, etc. from the border F belonging to the Suwon-nam Police Station Eth of the Suwon-gu, Suwon-gu, Suwon-gu, and on the face.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉을 하는 등 이에 응하지 아니하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. internal investigation reports, CDs (cinematographic images that refuse to measure), and drillings (excluding the police explanation of paragraph (4));

1. Previous convictions: Criminal references and the application of Acts and subordinate statutes of the same kind;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Judgment on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. It is difficult to deem that there exists a reasonable ground to believe that the Defendant was in a state of drinking more than 0.03% due to the Defendant’s drinking of alcohol around 13:00-14:00 on December 18, 2019, while driving after 10 hours from that time, and, at the time of the instant case, it is difficult to deem that there was a considerable reason to deem that the Defendant was in a state of drinking more than 0.0% due to the symptoms of acute core condition, such as the number of drinking water back to the Afiff and the body is light, and thus, the Defendant did not have a sufficient respiratory sample for a drinking test

2. Determination

(a)the measurement of drinking by a pulmonary measuring instrument;