A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Around 21:05 on October 14, 2018, the Defendant: (a) while driving a car under the influence of alcohol on the roads No. 61-ro, Yandong-ro, Yandong-ro, Yandong-ro, the Defendant: (b) received a 112 report, and requested the Defendant to stop, the police officer called “a vehicle under the influence of a driver; and (c) failed to comply with it; (d) went away from the road; and (d) went away from the road to the left-hand side; and (e) it was deemed that the Defendant was under the influence of alcohol on the roads, such as drinking, drinking, drinking, and failing to hold the body properly. Accordingly, the Defendant was demanded to take a drinking test by inserting the alcohol measuring machine over about 16 minutes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the control of drinking driving;

1. Reports on internal investigation (related to the field conditions and the arrest of a flagrant offender);

1. Application of Acts and subordinate statutes to field photographs which refuse to measure drinking;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Act on the Selection of Punishment for Crimes;

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

1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act shall be sentenced to a suspended sentence in consideration of the fact that the defendant, who had been punished for drunk driving in 2000, once again drives alcohol and again refused to measure drinking; however, prior to the crime of this case, he/she shall be sentenced to a suspended sentence, considering that he/she had no record of punishment exceeding the fine.

In addition to the above circumstances, the defendant's age, character, character and environment, and environment.