A defendant shall be punished by imprisonment for one year.

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

The Defendant is also a person who drives a bareboat cargo vehicle.

On August 29, 2018, at around 16:10, the Defendant was demanded to respond to the measurement of alcohol for about 10 minutes, on the road of the Dsung, which was located in the Jinhae-si, Jinhae-gu, Seoul, for the reason that he was found to have driven under the influence of alcohol, due to the following reasons: (a) the Defendant: (b) was able to recognize that he was driven under the influence of alcohol by drinking, such as smelling alcohol from the Chief F of the police box affiliated with the police box of the Jinhae-gu Police Station Ea station, who was dispatched to the 112 report.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고, ‘음주측정에 응하지 않겠다’라고 하며 현장을 이탈하는 등의 방법으로 이를 회피하여 정당한 사유 없이 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes reporting on the circumstances of a drinking driver;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act;

1. Sentencing the reason for sentencing under Article 62-2 (1) of the Criminal Act: A punishment of a fine of five million won: Imprisonment with prison labor for one year or a suspended sentence of imprisonment for a period of two years, 40 hours to attend a course and 120 hours to increase: A previous conviction (=a confession, wife, etc., of a person who refuses to measure alcohol twice) and other reasons for reduction: A confession, his/her dependent, etc.;