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 January 28, 2019, at the public parking lot located in 7-21, a 298-gil-ro, the head of the Defendant: (a) was required to comply with a drinking test by inserting the breathm among the breamen affiliated with D for the police box of the Jindong Police Station C, who was dispatched after receiving a 112 report that the drunk is driving, while driving a breath in the public parking lot located in 7-21, a 298-gil-ro, a local-Eup, a local-nam-Eup, a local-Eup, a drinking-do, while drinking, he was driving the breath in the state of drinking.

그럼에도 피고인은 담배를 태우는 등 음주측정기에 입김을 불어 넣지 않거나 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, report on internal investigation (on-site situations, etc.), and investigation reports (related to refusal of measurement);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. Despite the fact that the defendant had been punished for a drunk driving on three occasions in total, the court refused to take a alcohol test after he was discovered while driving again, despite the reason for sentencing under Article 62-2 of the Criminal Code of the community service order.

However, the records and arguments of this case, such as the fact that the defendant misleads and reflects the defendant's mistake, the fact that there is no criminal record exceeding the fine, the driving distance is short, and the defendant's age, character and behavior, career, environment, circumstances and results of the crime, etc., are shown in the records and arguments of this case.