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 May 11, 2019, at around 05:08, the Defendant was required to respond to the measurement of alcohol by inserting the breath in a breath on the front of Mapo-gu Seoul at around 05:08, while driving a vehicle for the cnib in front of Mapo-gu Seoul, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, singing, etc. from the slope E affiliated with the Seoul Mapo-gu Police Station D, to the Defendant.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of use of a drinking measuring instrument and a written statement of control;

1. Application of Acts and subordinate statutes to each investigation report (main drivers, circumstantial reports, non-measurementable images, and arrest confirmation);

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) of the Order to Attend a lecture [the defendant has a record of being punished for drinking driving once in the past, but there is a high possibility of criticism again for the crime of this case.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

Defendant has no record of criminal punishment except for punishment by a fine once.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.