A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 30, 2014, around 23:25, the Defendant is driving a car in B Coin column B while drinking the front road of 94 Dara Apartment-ro 101, a Cheongju-si, the petition-gu, Cheongju-si.

On October 1, 201, 201, when the Cheongju Police Station D District was investigated on October 1, 201, 300:01, it was demanded to comply with a drinking test by inserting the breathm in a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the breath was driven under the influence of alcohol, such as the breathm distance, etc. from E in the circumstances where the Cheongju Police Station affiliated with the Cheongju Police Station, and that the breathm was driven under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the report on actual condition, photograph, control note, and the statement on actual condition of a driver;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor as a matter of choice (with the previous conviction for driving at least twice until 2004, the repetition of the same crime and failure to comply with a request for measurement despite the previous conviction, and the risk of the crime of driving at drinking is realized and the occurrence of a traffic accident

1. Mitigation of discretionary mitigation: Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that he/she does not drive under influence while breaking off his/her pond in depth, and the fact that he/she has no record of having been punished for a fine not exceeding eight times until 2007, including the previous offense of drunk driving, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);