A defendant shall be punished by imprisonment for one year.

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 November 28, 2019, at around 21:20, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, while driving Cyststa taxi in front of the cross-fluence on the road in Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, Police Station D District Unit of the Daegu-dong Police Station, and driving the Cysta taxi in front of it.

그럼에도 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. A written statement;

1. A report on internal investigation (eight pages of investigation records);

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The recognition of the crime and reflect on the past that there is only one history of punishment for the violation of the Road Traffic Act (driving)