A defendant shall be punished by imprisonment for six 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

The defendant is a person who drives a K3-car.

On May 31, 2019, the Defendant: (a) while getting on the front of the pertinent car on the road prior to the Silung-si on May 31, 2019, there was a trial expense related to the substitute driver and charges; (b) the Defendant driven the said car at a distance of about five meters prior to the time when viewing that the above substitute driver reported 112, E, etc. were assigned to the police box of the Silung-gu Police Station, who called for, and called for, the said vehicle.

At the time, the Defendant was fluored while drinking in red, snicking, snowing, and breathing, and the Defendant stated in the police officer called “her driver, who was not a proxy, and was not a drinking driver,” and thus, there was considerable reason to recognize that he/she was driving under the influence of alcohol, and accordingly, the Defendant was required to respond to the measurement of drinking for about four minutes from around 03:39 to 03:54 on the same day by the police commander of the Sinung Police Station at the time.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣지 않고 입만 대고 부는 시늉만 하는 방법으로 음주측정 요구를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to photographs refusing measurement;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The fact that the sentencing of Article 62-2 of the Criminal Act requires a defendant to be sentenced to a fine for drunk driving twice, while the fact that the defendant misleads and reflects the defendant, the short driving distance, and all other circumstances including the circumstances of the crime, etc.