A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2018, at around 22:40, the Defendant was driving a car in the Bcoon and driving a road in front of the official sports park located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, and reported a traffic accident that meets C driver's DNA car.

피고인은 2018. 11. 29. 23:34경 112신고를 받고 출동한 대전서부경찰서 E팀 소속 경위 F에게서 피고인이 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 5분 간격으로 총 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았는데도, 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, accident site photographs, accident site reports on drivers, and reports on the actual condition of drivers, and reports on actual condition of drivers;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria are not set;

2. The Defendant, while driving a motor vehicle in a state in which he seems to have been under the influence of alcohol, did not comply with the measurement by a police officer of a traffic accident;

Considering the risk of drinking driving and the effectiveness of crackdown, the quality of crime is not easy.

Defendant has committed a crime again even though he/she was punished by a fine on one occasion due to drinking driving.

However, the degree of accidents is not serious, and comprehensive insurance is subscribed to the vehicle operated by the defendant.

Defendant’s mistake.