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

1. On September 14, 2014, at around 03:30, the Defendant driven B B B B beer or car while under the influence of alcohol leveling 0.081% of alcohol level on the roads front of the entry lamps of the Chang Science Complex into the Chungcheong Military Airport.

2. 음주측정거부 피고인은 2014. 9. 14. 04:05경부터 04:39경까지 청주시 청원구 C에 있는 청주청원경찰서 D지구대에서, 얼굴이 붉고, 말을 더듬으며 비틀거리며 걷는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 위 지구대 소속 경위 E으로부터 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받고도 입김을 불어넣는 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. A photograph of non-measurement of drinking;

1. Application of the Act and subordinate statutes on the actual condition survey report and accident site photographs;

1. Relevant provisions of Article 48-2 (1) 2, and Article 44 (2) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and community service order and order to attend lectures, are against the defendant's wrongness, and the blood alcohol concentration is not high.

However, the Defendant already committed the instant crime even though he/she was punished by a fine on three occasions due to drinking driving.

Furthermore, there is a poor quality of crimes such as refusing to measure drinking alcohol.

In addition to these circumstances, the conditions of sentencing, including the defendant's age, character and conduct, family relationship, details and contents of the crime, and circumstances after the crime, are considered as the order.