A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 14, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, a snick distance, etc., from E while driving the motor vehicle at each of the following sub-sections of Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-gun, the Defendant, while driving the motor vehicle at each of the following sub-sections:

인 정할 만한 상당한 이유가 있어 같은 날 22:27 경부터 같은 날 22:57 경까지 약 3회에 걸쳐 음주측정기에 입김을 불어넣은 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어넣은 시늉만 하고 음주 측정이 되지 않게 하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

The Defendant’s legal notice of the result of regulating the driving of drinking alcohol under the influence of alcohol, investigation report on the situation of the driver under the influence of alcohol (control and refusal of measurement of drinking), investigation report (report on driving under the influence of alcohol), Article 148-2(1)2 and Article 44(2) of the Road Traffic Act for the criminal facts subject to the application of the Act and subordinate statutes, and Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Article 62(1)3 of the Social Service Order Criminal Act under Article 62(1) of the Act on the Suspension of Execution of Punishment of Article 55(1)3 of the same Act on the Reduction of Minimum Quantity, the refusal of measurement of drinking under Article 62-2 of the Social Service Order Criminal Act makes it impossible for the Defendant to regulate driving of drinking alcohol itself, and thus, the Defendant needs to be subject to punishment provided by taking into account the equity with the drinking driver who responded to traffic safety and the measurement of drinking alcohol again while driving alcohol twice.

However, considering the fact that the defendant repents and reflects his mistake, the fact that the person who is the defendant's wife wants the defendant's wife, and taking into account all other factors of sentencing including the defendant's health conditions, such as the age, sex, environment, motive and circumstance of the crime, etc., as stated in the order.