A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 17, 2018, at around 00:45, the Defendant was required to respond to a drinking test by inserting approximately 8 km from the front of the drinking house in the Yak-gu, Seoul Special Self-Governing City to the front road located in C in the Chungcheongnam-gu, Seoul Special Self-Governing City, to the front day of the Gu. On December 17, 2018, the Defendant was required to respond to a drinking test by inserting approximately 15 minutes, in a manner of making it difficult to recognize that the Defendant was under the influence of alcohol, such as smelling a vehicle suspected of drinking while driving a vehicle while driving a vehicle D SM520, after receiving a report 112, while driving the vehicle.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on voluntary driving in violation of the Road Traffic Act (Refusal of measurement), reports on internal investigation, photographs, and reports on the state of standing and statement of 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. Determination of punishment as ordered by comprehensively taking account of the following conditions of sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, character and conduct, environment and circumstances before and after the instant crime, etc., and all the conditions of sentencing indicated in the records.

On August 13, 2015, the fact that there was a record of punishment several times of the same crime, including the one sentenced to a suspended sentence of two years for the crime of violation of the Road Traffic Act (driving) on August 13, 2015, and the defendant is recognized and against the crime of this case.