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

The Defendant, at around 02:20 on October 4, 2015, while driving a B rocketing-type car on the road in front of the Ginseng Corporation located in Pyeongtaek-dong, was asked about whether or not he/she is driving a drinking, and was under the influence of alcohol by having the Defendant be asked about his/her duties from a slope D belonging to the Jinju Police Station C District of the Jinju Police Station where he/she is working for drinking control at the same time, and the Defendant was under the influence of alcohol, such as the Defendant’s smelling of alcohol and the reduction of drinking conditions by a drinking reduction.

There is a considerable reason to designate a person, and voluntarily accompanying the police station C to the Jinju Police Station C.

Defendant was demanded from the above police station C District of Jinju Police station to respond to the measurement of alcohol by inserting four times from around 02:35 October 4, 2015 to around 03:11 on the same day.

그럼에도 피고인은 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. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes on a copy of the register of drinkging instruments, and a photograph rejecting drinking;

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

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 did not respond properly to a police officer’s request for measurement of drinking although he was found to drive under the influence of alcohol even though he had been subject to three times of punishment due to driving under the influence of alcohol, etc.

However, the fact that the defendant is against the defendant when committing the crime of this case, there is no record of punishment exceeding the fine, and the age, sex behavior, environment, motive and circumstance of the crime.