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

around 01:00 on August 11, 2017, the Defendant driven a motor vehicle of Eunpyeong-gu Seoul, Eunpyeong-gu, 970 on the front of Eunpyeong-gu, Seoul, while driving a motor vehicle of Eunpyeong-gu, Seoul, while driving a motor vehicle of Eunpyeong-gu, Seoul, which was driven under the influence of alcohol, such as snow snow and snow fluencing from D in the circumstances where it is affiliated with Pyeongtaek Police Station C, pedestrian fluencing, fluencing, drinking snow, and smelling alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

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 at home and report of the situation of the driver at home;

1. Investigative report (related to a drinking measuring instrument), records of a drinking measuring instrument, and a ledger using a drinking measuring instrument;

1. The application of Acts and subordinate statutes to photographs of test alcohol measurement, investigation reports (related to drinking pictures), and photographs at the time of measurement of drinking alcohol;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the fact that the defendant had already been punished twice by a fine due to drinking alcohol driving, and refused to take a drinking test even though he had already been punished by a fine; the defendant was pushed a police officer who demanded the measurement of drinking alcohol and escaped about 500 meters; the defendant's age, occupation, living environment, etc.; and the defendant's various sentencing conditions stated in the records of this case and the theory of changes are considered, and the sentence is determined as ordered.