A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 8, 2018, the Defendant was under the influence of alcohol on the front side of the “C” located in the Dong-gu, Busan Metropolitan City, Dong-gu, Busan Metropolitan City, from around 700 meters to the front side of the E-public parking lot located in D in the same Gu, while driving a Franchising car in the state of drinking, the Defendant was found to be under the influence of alcohol as a drinking-free driver presented by H.

At the time, the defendant was driven under the influence of alcohol, such as smelling and snicking red on the face.

Since there are reasonable grounds for appointment of a person, H demanded the defendant to respond to the measurement of alcohol by inserting approximately 15 minutes in a manner that makes the breath of alcohol in a drinking measuring instrument.

그럼에도 불구하고 피고인은 목이 아프고 호흡 측정을 하는 방법을 모른다면서 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

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

1. A report on investigation;

1. Investigative reports (Attachment of recording files which refuse to measure drinking);

1. Application of the CD-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. are the Defendant’s previous convictions due to drinking alcohol driving or unlicensed driving, and the Defendant has refused to take the measurement of drinking for a long time, and the investigative agency had expressed an attitude to continuously deny the crime. However, in light of the fact that there was no record of crime other than the above, and there was no record of crime other than the above, and that the Defendant’s mistake is against the law, and that the accident occurred during driving.