A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 1, 2018, around 19:55, the Defendant is driving a motor vehicle in the column of the car number that begins in C while drinking alcohol from the shooting distance inside the samples of Seo-gu Incheon, Seo-gu, Incheon.

“A person driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, etc. by three police officers, such as E, etc. belonging to the D District, who received a report of 112, and called “A person under the influence of alcohol”, and driving a person under the influence of alcohol.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument throughout about 11 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

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

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

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;