A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On July 15, 2017, at around 06:20, the Defendant was parked in the lower part of the foregoing Abea car, where the Defendant had driven a B-bea car in the front parking lot of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, Seoul, with drinking alcohol on the front parking lot of 116, the Defendant was parked in the front part of the foregoing Abea car.

C received the front portion of this E-mail vehicle.

이후, 피고인은 2017. 7. 15. 06:55 경 위 장소에서 신고를 받고 출동한 동대문 경찰서 D 파출소 소속 경찰관 E, F으로부터 약 20분 동안 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입을 대고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하였다.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of CD-related Acts and subordinate statutes

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 to mitigate small amount;

1. Consideration of circumstances, such as the fact that there exists a record of being punished for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that there is no criminal punishment exceeding the fine, and the fact that it is against the law;