A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On March 29, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 29, 201, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the same court on December 11, 2015, respectively.

[2] On May 13, 2017, the Defendant was under the influence of alcohol, such as a red and smelling of the Defendant’s face, while driving a CMW car on the front side of the Busan City, Seocheon-si, B on May 13, 2017, while driving the CMW car on the front of the B, the Defendant was under the influence of alcohol.

인 정할 만한 상당한 이유가 있어 약 5분 간격으로 총 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, statement of the circumstances of the driver of drinking, and report of the circumstances of driving of drinking;

1. The ledger using the measuring instruments for drinking;

1. Refusal photographs of measurement;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (the identity of the previous convictions), and application of a copy of the judgment statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The need for strict punishment in light of the risk of driving drinking alcohol; the refusal of drinking alcohol measurement has the nature of obstructing the performance of official duties; thus, the degree of crime is not good than the ordinary drinking driving; circumstances that are favorable to the fact that the records of punishment for the same crime are two times: the recognition of the crime and the violation of the law; and the occurrence of traffic accidents.