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

Punishment of the crime

On January 5, 2017, the Defendant driven a motor vehicle at the C parking lot located in Kimpo-si B at Kimpo-si, Kimpo-si on January 5, 2017, while driving a motor vehicle with Dbenz while drinking it, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling the Defendant and snicking the Defendant on his face, while driving the motor vehicle at the Dbenz.

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 30 minutes in a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of G and H;

1. Statement of the circumstances of the driver involved in driving;

1. Each report on investigation;

1. The ledger using sobling measuring instruments;

1. Application of statutes on field photographs;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The sentence of sentence is inevitable in that a person commits a second offense, including a stay of execution of sentence for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., confessions).

The punishment as ordered shall be determined in consideration of all the conditions of sentencing, such as the defendant's age, environment, motive and background of crime, etc.