A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 15, 2017, the Defendant was sent back to the hospital after receiving a report that “Any person who was injured due to a traffic accident” was driving a alcohol in front of the Hyundai Motor Culture Center, which is located in Ulsan-dong, Ulsan-do. The Defendant was sent back to the hospital.

Accordingly, the Defendant, who was likely to be aware of drinking, was driven under the influence of alcohol, such as the Defendant, who escaped from the first-aid vehicle to the same 706 modern bar guard room, but was discovered to the slope D and the chief E of the police box belonging to the Defendant, who was aware of the Defendant, and was under the influence of alcohol, such as drinking at the Defendant’s entrance, smelling on the face, snicking on the face, making a drinking while drinking.

On the same day, the police officers were required to respond to the measurement of alcohol at around 19:55 on the same day due to reasonable grounds to determine the person.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하고, 같은 날 20:04 경 울산 북구 F에 있는 C 파출소에서 경사 D로부터 음주 측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 재차 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 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 photographs on which drinking is refused;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant caused an accident in the state of detention where normal driving is impossible, that the defendant refuses the police officer's demand for measurement of drinking in the process, and that the defendant has already been able to drive two times of drinking.

(b).