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

1. On April 17, 2015, around 01:33, the Defendant: (a) was stopping a D-wing truck on the road in front of the Sinung Police Station at Sinung-si, 513 Sinung-si; (b) the auxiliary police officer who had worked in the front of the Sinung-si Police Station at his front of the Sinung-si Police Station at the front of the Gulung-si was under the influence of alcohol; and (c) the Defendant was deemed to have been under the influence of alcohol, such as snicking and smelling on the face; and (d) the defect in contact with the Gulung-si of the above police station to take measures to return home, and drive the said cargo

피고인은 그 무렵 위 E로부터 피고인이 음주운전한 것으로 보인다는 말을 전해들은 위 경찰서 소속 경장 F이 그 사실을 확인하기 위해 민원실 앞 주차장 쪽으로 걸어가던 중 피고인을 발견하고, 피고인에게서 술 냄새가 나며 얼굴에 홍조를 띠고, 비틀거리면서 걷는 등 술에 취한 상태에서 운전하였다고 인정할만한 상당한 이유가 있어 약 20분 동안 3차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구하였음에도 불구하고, 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said cargo vehicle without a driver’s license in a section of about 513 meters from the Do in front of the Sinung Police Station, to the front parking lot in front of the public service center, at the time of temporary entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes such as the ledger of use of drinking meters, rejected photographs, photographs of vehicles subject to measurement, CCTV photographs, CCTV image photographs, field photographs, vehicle driver's license register, and investigation report (number 10);

1. Article applicable to the crime, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), Article 152 of the Road Traffic Act, which applies to the choice of punishment for the crime;