A defendant shall be punished by imprisonment for not more than ten 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 May 1, 2012, at around 04:50 on May 1, 2012, the Defendant was under investigation by the Seoul Southern Police Station Transport Survey System in relation to the accident described in paragraph (1), and the Defendant was demanded to comply with the drinking test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument, for there are reasonable grounds for recognizing that the Defendant was under the influence of drinking, making a large amount of smelling from the slope C belonging to the said police station, and making it possible to recognize that he was under the influence of drinking, making a large amount of smelling on the face,

그럼에도 피고인은 이를 거부하거나 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 actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, etc. is the current Road Traffic Act, considering the following: (a) a driver suspected of driving under the influence of alcohol is punished corresponding to a case in which he actually drives a drunk test without any justifiable reason, thereby securing the effectiveness of regulating driving under the influence of alcohol and preventing risks and obstacles to road traffic; and (b) a defendant has the record of being sentenced to a fine twice as a result of a drunk test and a refusal to measure under the influence of alcohol on a one-time basis.

However, the defendant recognizes the crime and is against the wrong, and is subject to criminal punishment exceeding the fine.