A defendant shall be punished by imprisonment for not more than ten 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 June 1, 2013, at around 23:10, the Defendant: (a) driven a Lone Star vehicle and confirmed the condition of drinking alcohol while driving on the road in front of the New Anculp Commissioner of the Innju-gun, Innju-gun, Innju-gun, and, (b) there are reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol, smelling, and reding on the face, and (c) on the same day from 23:43 on the same day from Da to 23:43 on the same day.

6. 2. 00:15경까지 약 30분간 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았으나 음주측정기에 입김을 불어넣는 시늉만 하고, 혈액채취 요구도 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes on measurement, refusal to collect blood;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of 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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;