A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 4, 2018, the Defendant driven a motor vehicle for Dsch Rexroth under the influence of alcohol, such as smelling alcohol to the Defendant from F of a police officer F belonging to the Incheon Western Police Station E District, while driving a motor vehicle for Dsch Rexroth under the influence of drinking on the road in front of the “C” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그런 데도 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. Reporting on the detection of drinking drivers, reporting on the circumstances of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Notification of the results of regulating drinking driving;

1. Application of statutes on site photographs;

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. 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 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, had a record of being punished by a fine due to drinking driving two times prior to the instant case, committed the instant crime.

However, the defendant is against his or her will to recognize his or her mistake.

No defendant shall have any history of criminal punishment heavier than a fine.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.