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 July 12, 2019, the Defendant was required to respond to a drinking test by inserting the alcohol measuring instrument three minutes between 15 minutes and 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, from the police station D District of the Ansan-gu Police Station D District called out after receiving 112 a report that the drinking driving is suspected, and driving under the influence of alcohol, from E and F of the Ansan Police Station D District, which was called out by the Defendant.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉을 하거나 약하게 입김을 부는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. The user ledger of the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes concerning a dynamic photograph which has refused measurement;

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

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

1. Taking into account all the circumstances, including the fact that the defendant erred in sentencing under Article 62-2 of the Criminal Act, and the defendant commits the instant crime even though he/she has been sentenced to a fine for drunk driving twice;