A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around 03:10 on October 12, 2018, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three times between 03:24 and 03:40 on the same day, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as smelling, smelling, flusing, etc., from the Defendant from D Inspector E of the Port and Port Police Station D while driving a motor vehicle under the influence of drinking on the front side of the north-gu B at port.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license in a section of about 500 meters from the front of the main station in which it is impossible to identify the trade name in North-gu exchange movement at the time of the temporary border specified in paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and written confirmation of the non-compliance with the measurement of drinking alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (related to the situation at the time of refusal of noise measurement);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine, and the fact that the punishment is against the fine);

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