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

On October 12, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol on the front of the C, the Defendant, while driving the DCA 1105 Matoba, and receiving a report, driving the motor vehicle in excess of the DCA 1105 Matoba on the front of the C, the Defendant driven the motor vehicle under the influence of alcohol by drinking alcohol on the face from an slope F belonging to the former Hasan Police Station Eba, which was called.

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 about 30 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and (2) of the Criminal Act on the observation of protection and observation;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. Although the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59(1) main sentence of the Act on the Protection, Observation, etc. of Education may have the power to be punished for driving under drinking, the defendant may not drive under drinking again by driving under drinking, such as the fact that the defendant has disabled children to support, the fact that the defendant drives a short distance road in rural areas with low traffic volume, and the disposal of Obaba, etc.

The punishment as ordered shall be determined in consideration of the age, health status, etc. of the defendant.