A defendant shall be punished by imprisonment for not more than ten 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

On June 20, 2017, the Defendant driven a motor vehicle at the shooting distance at the entrance of the resort 885-576, which is located in Daegu-gu, Daegu-gu, on June 20, 2017, while driving a motor vehicle Category C, while drinking the motor vehicle, while driving the motor vehicle from the slope E belonging to the police station at Daegu-gu, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and scaring red on the face.

인정할 만한 상당한 이유가 있어 약 15 분간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 숨을 내쉬는 시늉만 하는 방법으로 이를 회피하였다.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the reporting of the circumstances of driving, the photographs of refusing to measure, the report on the detection of drivers of driving, the circumstantial statements of drivers of driving, and the results of regulating the driving of drinking;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant had a record of being punished by a fine due to drinking alcohol driving twice; (b) there is no record of criminal punishment exceeding a fine; (c) the Defendant’s age, sex behavior, intelligence and environment; (d) motive, means and consequence of the crime; and (e) the conditions for sentencing, such as the circumstances after the crime, shall be determined by taking into account the following circumstances: