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

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

Punishment of the crime

On October 5, 2016, the Defendant driven D D dump trucks from the direction of an alternative shooting distance to the south line on the roads located in front of Ulsan-gun, Ulsan-gun, Ulsan-gun, while driving the Dump trucks on the side of an alternative distance. The Defendant was under the influence of alcohol, upon receiving a request from F to the police officer belonging to the police box of the Ulsan-gu, U. Ulsan-do Police Station E commander, who called out for drinking, set the said truck, and then, driven the said truck under the influence of alcohol, such as the Defendant’s snow dumping and lifting it even at the influence of drinking.

There are reasonable grounds to recognize the same day at the Ulsan-gun Police Station E box in Ulsan-gun G, Ulsan-gun, which was demanded to respond to the measurement of alcohol by inserting the influence measuring instruments four times in total from F, around 0:50 on the same day, around 01:0 on the same day, around 01:10 on the same day, around 01:10 on the same day, and around 01:22 on the same day.

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

Summary of Evidence

1. Part of the Defendant’s legal statement - The Defendant obtained a conviction that it was sufficient to recognize the facts charged in the instant case when he was aware of the driving of drinking, but properly responded to the measurement of drinking. - The Defendant obtained a conviction that it was sufficient to recognize the facts charged in the instant case when he was based on the testimony of F by the police officer directly examined as a witness

1. Each legal statement of the witness H and F;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to each photograph and CCTV (the 8rd time);

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (Article 55(1)3 of the Act (Article 53 and Article 55(1)3 of the same Act is not less than the liability for the crime in light of the gravity, etc. of infringement of legal interest that has a crime of refusing to measure drinking, but has no record of suspended sentence or heavier punishment for the same crime, or a case that does not involve a traffic accident;

1. Article 62(1) of the Criminal Act (the above circumstances shall be repeatedly considered, and the defendant shall choose a suspended sentence.