A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 19, 2019, around 02:20 on April 19, 2019, the Defendant driven a CK5 vehicle while under the influence of alcohol from the Yongsan-gu hotel in Yongsan-gu in Seoul to the 204 North South South Korea.

On April 19, 2019, the Defendant received a report and sent to the said site, and there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol such as drinking, drinking, smelling, drinking, and reding in the face, etc. from the Seoul Yongsan Police Station D Boxes E and Police Officer F, etc., who sent to the said site, and was demanded to comply with the drinking test by inserting the whole breath for three minutes at intervals of about five minutes from around 02:20 on April 19, 201 to around 02:30.

그럼에도 불구하고 피고인은 호흡측정기에 숨을 내쉬는 시늉만 하는 등으로 음주측정을 거부하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Statement on the occurrence of H’s traffic accident;

1. Criminal place, report on the occurrence of traffic accidents, and report on the actual situation investigation report;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Each report on investigation;

1. Vehicle photographs, film materials, ledger of use of a drinking measuring instrument, and notification of completion of correction;

1. Making a report on the control of drinking driving;

1. Application of the statutes of the written request for delivery of documents;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The defendant did not refuse a police officer's request for a drinking test, and the defendant faithfully responded to a drinking test in such a manner as to put his/her respiratory part into a drinking measuring instrument over several times, and the defendant did not have any intention to refuse a drinking test.

2. Determination.