A defendant shall be punished by imprisonment for six 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 April 15, 2015, at around 21:45, the Defendant, while driving a wing and freight vehicle B in the front of the Central Expressway Doncheon Doncheon-do, which is located in the Bocheon-do Bocheon-do, on the road in front of the Central Expressway Doncheon-do, was demanded by the Defendant from the Inspector C of the Provincial Police Agency in charge of the Highway Doncheon-do Police Agency to comply with the drinking test by inserting the breag in the breath in the breath of the face, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

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

1. The sentence is ordered as ordered, taking into account the following circumstances: Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on the Punishment, etc. of Probation, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc.; and the conditions of sentencing as shown in the pleadings of the case are considered.