A defendant shall be punished by imprisonment for six months.

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 October 25, 2015, the Defendant driven a BMW car under the influence of alcohol, such as smelling it to the Defendant from the traffic safety slope C of the police station in Busan, while driving the BMW car in front of the plaza in the Dong-gu, Simpo-gu, Busan, Pyeong-gu, Busan, and driving it on the front of the plaza.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주 측정기 불대를 뽑아 버리고 음주측정기에 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. Inquiries about the results of crackdown on driving drinking and the register of specific instruments used for drinking;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (i.e., reflectiveness of the criminal defendant, one time a fine for driving alcohol, or another criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

1. An order to attend a course under Article 62-2 of the Criminal Act;