A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 22, 2015, at around 05:05, the Defendant was required to comply with the drinking test by inserting the breathm for about 20 minutes during the driving of the 20-day BMW car on the front of the D, which was in the influence of alcohol on the front of the D, without obtaining a driver’s license, by inserting the alcohol on the front of the D, while driving the BMW car on the front of the D, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol to the Defendant and snicking on the face of the her face, etc.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on detection of a host driver;

1. Photographs;

1. A report on internal accidents (specific as a drinking-in driver);

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;