A defendant shall be punished by imprisonment for six 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 October 9, 2015, the Defendant was driven under the influence of alcohol, such as drinking a drinking-free vehicle at the expense of the police station at the same time, traffic, and an sloped DNA belonging to the traffic safety system, smelling a drinking-free vehicle while driving a drinking-free vehicle on the front of the department store at around Busan City, Dong-dong, Busan, a hot spring road at around 00:35, 2015, while driving a drinking-free vehicle at the front of the department store.

There is a reasonable reason to determine a person, and from 00:50 to 01:42 on the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in 52 minutes between 52 minutes.

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. Statement of the circumstances of the driver involved in driving;

1. Photographs to measure drinking;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of quantity (see, e.g., reflectability of the accused and the fact that there is no criminal history exceeding the fine);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;