A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 9, 2017, the Defendant: (a) while driving a Bmp car on the front of the Bmp on the road in order to shock the curbstones installed on the right side and the medians to the center, and (b) was driven under the influence of alcohol by a police officer D belonging to the Daejeon P police station, Daejeon P police station, in receipt of a report, to the Defendant, the driver of the said vehicle, who is the driver of the said vehicle, snicking on the face, etc., while driving the Bmp car on the front of the Bmp on the road in order.

There are reasonable grounds to determine a person, and around 06:00 on the same day, he/she was demanded to respond to the measurement of drinking at intervals of five minutes from the same day, including the fact that he/she was requested to respond to the measurement of drinking at intervals of five minutes by inserting the breath in an emergency room in E hospital in the large wartime.

그럼에도 불구하고 피고인은 음주 측정기를 손으로 밀어내고 입으로 바람을 부는 시늉만 하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that there are two-time criminal records due to drinking driving, and that there is no criminal records exceeding the fine, and that there is no criminal records exceeding the fine; and