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 April 27, 2018, while the Defendant was under the influence of alcohol concentration in alcohol at around 21:10, the Defendant was under the influence of alcohol, such as drinking alcohol, while driving a white-wing park in front of the Heungdong Park in Heungdong-gu, Heungdong-gu to the south Syang-ro No. 83 Doo-ro 8 in the same Gu and the south Skiki-ro 8, the Defendant was under the influence of alcohol, such as red-lighting on the face, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol.

인정할 만한 상당한 이유가 있어, 같은 날 21:19 경부터 같은 날 21:41 경까지 청주 흥 덕경찰서 C 지구대 소속 경사 D으로부터 4회에 걸쳐 음주 측정을 요구 받았으나 음주측정기에 입김을 불어넣는 시늉만 하고 숨을 들이 마시는 등 고의로 측정을 거부하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

In the past, despite the past history of punishment for the violation of the Road Traffic Act, such as drinking, driving without a license, etc., the fact that the crime of this case has been committed again, and the fact that there is no record of punishment more than the suspension of execution.