A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 22, 2017, around 01:10, the Defendant driven a 50-meter car from the road located in Gwangju Northern-gu C to the front road in Gwangju Northern-gu E-gu, and became a driver of another vehicle and a police officer was called the driver of another vehicle, and the Defendant’s face was red, cross-standing, and non-distance and smelled so, the Defendant was under the influence of alcohol.

A police officer was required to respond to the measurement of drinking on three occasions in total on the same day on the same day, 0:50, 01:00, 01:10 on the same day due to reasonable grounds to determine a person.

그럼에도 피고인은 음주 측정기 불대에 입술만 대거나 입으로 물어 땅에 떨어뜨리거나 입술만 대고 겉으로 부는 시늉만 하는 방법으로 음주 측정을 회피함으로써 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Suppression photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) 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. In full view of the following facts: (a) one time of punishment due to driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act; (b) there is no record of crime exceeding the fine; (c) the Defendant’s age, sex behavior, environment, circumstances of the crime; and (d) the conditions of all the sentencing specified in the argument of the instant case, including the circumstances after the crime, etc., the sentence is determined as ordered.