A defendant shall be punished by imprisonment for six 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

On August 26, 2017, the Defendant driven a vehicle Ci30 while driving a vehicle on the front of B in front of Heunging City on the road at B on August 26, 2017, while driving the vehicle at Ci30, the Defendant driven the vehicle under the influence of alcohol, such as smelling and smelling the Defendant on the face from D District Racing Station E.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over approximately 22 minutes.

그럼에도 불구하고 피고인은 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a driver who is placed in driving, and report on internal investigation (non-compliance with the measurement of drinking);

1. A copy of the ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes governing influence measurement photographs;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act, the choice of imprisonment (the fact that a person has been punished twice due to drinking driving, but the person has reached the crime of this case)

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;