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

On January 23, 2019, at around 21:50, the Defendant: (a) driven a vehicle of Eunpyeong-gu Seoul Metropolitan Government No. 306, a four-lane road in front of the exit-gu No. 1, a mountain basin No. 1, and was driving four-lanes in the direction of the capital region lower than the capital region; and (b) there was a conflict between the back part of the QM6 car in the atmosphere signaled in the front bank and the back part of the QM6 car.

The Defendant received a report on the foregoing accident and received a request from the head of Seoul Western Police Station D, Seoul Western Police Station D, to respond to the measurement of alcohol by inserting the breath in a total of three times from 22:32 to 22:52 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as breathing, breathing, and breathing red on the face, etc.

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. A traffic accident report;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no history that the defendant was punished heavier than the fine, and the fact that the defendant does not commit a second offense, reflecting his depth, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;