A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 25, 2012, the Defendant was issued a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. in the Changwon District Court's Jinju branch on May 25, 2012.

The Defendant, at around 14:20 on August 2, 2020, drive a Bunst Pacific Cargo at around 14:20

A police officer D, who belongs to the police station at the Gyeongnam-dong Police Station, was using the rhyth of the above cargo on the road in front of the sub-committee of the sub-committee of sub-committee of sub-committee of sub-committee of sub-committee of sub-committee of sub-committee of sub-committee of sub-committee of sub-committee

D has considerable reasons to suspect that the defendant sniffed and sniffed the defendant, sniffed, sniffed, sniffed, and siffed and driven the drinking, and the defendant requested the bniff to take a bniff test four times from 15:08 to 15:29 on the same day.

그러나 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, punishment power, the environment of the defendant, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;