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

On August 26, 2015, at around 20:20, the Defendant driven a C1 ton truck at a section of about 500 meters from the front of a restaurant in the vicinity of the second Gohap-gun Office building to the front of the same Eup/Myeon road.

The Defendant was demanded to respond to the drinking test by inserting approximately 30 minutes of the Gohap Police Station traffic control meters in the traffic control, when there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling from slope D, snacking red on face, etc.

그런데도 피고인은 음주측정기를 혀로 막고 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Each investigation report (in the event of detection of a suspect, etc., attachment of a written confirmation of correction of a measuring instrument, attachment of a control surface photograph, CD attachment) (a measurement by any other means, such as blood collection, can be conducted when it is dissatisfied with the measurement result by a respiratory tester, and thus, if it is not complied with the measurement by a respiratory tester while requesting the measurement by the method of blood collection, it cannot be deemed that there is a justifiable reason for non-compliance with the measurement (see Supreme Court Decision 9Do5683, Jun. 23, 200).

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Criminal Act concerning the option of criminal facts;

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 consideration shall be made again for the reason of sentencing);

1. The defendant's age, character, character, occupation, and occupation are shown as follows in the reason of sentencing under Article 62-2 of the Criminal Act.