A defendant shall be punished by imprisonment for six months.

Criminal facts

On May 14, 2017, the Defendant driven a cmp car under the influence of alcohol on the front of 83-2 Geum-gu Scam Scam Scam Scam under the influence of drinking on the front of the horizontal distance at Suwon-si, the Defendant, upon receiving a report from 112, driven a cmp car under the influence of alcohol, while driving the cmp car under the influence of alcohol, such as smelling alcohol to the Defendant and cming red on the face of the Suwon-gu Police Station affiliated with the police station of Suwon-gu, the Defendant called.

For about 18 minutes of 18 minutes of time due to reasonable grounds, it was required to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument four times.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving, copy of the ledger using a drinking measuring instrument, and notification of the results of regulating drinking driving;

1. Application of related Acts and subordinate statutes to photographs;

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

In the course of the instant crime, no personal and material damage was inflicted.

The defendant disposed of the vehicle operated by the defendant.

There is no criminal record of imprisonment with prison labor for the accused, and there is no criminal record from the date of the punishment due to drinking or driving without obtaining a license in 201 to the date of the crime in this case.

The defendant seems to have economic difficulty.

The defendant's wife is seeking the defendant's wife against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant, while driving under the influence of alcohol, received a report from the police and received a request for a measurement of drinking, but rejected the report.

The defendant is driving a drinking.