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

On February 2, 2019, at around 01:04, the Defendant was required to comply with a drinking test by inserting approximately 20 minutes in a drinking measuring instrument while driving a rocketing car at approximately 200 meters from the front of the C convenience store located in Changwon-si B to the front of the E in the same Gu, and receiving a report of 112 meters for a drinking driving while driving a F rocketing car at approximately 200 meters in front of the same Gu. The Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 20 minutes since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol and smoking on the face.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement to J police officers;

1. A written statement of I;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Two copies of the 112 reported case handling table; and

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Investigation report (as to refusal, etc. of sealing);

1. Making a report on the control of drinking driving;

1. Investigation reports (Attachment, etc. of video images at the scene of refusal to measure music);

1. On-site photographs refusing to measure drinking [Judgment on the argument of the defendant and his/her defense counsel]

1. The Defendant asserted that the Defendant suffered from the scarcity after the scarcity, resulting in a weak degree of inserting the hiddenness of a drinking measuring instrument, and did not refuse the measurement of drinking, even though he did not operate a drinking measuring instrument.

2. According to the records, the defendant can recognize the fact that the pulmonary function of the defendant is under the influence of pulmonary function due to chronology (see the opinion received on April 17, 2020), and there was also an opinion that the pulmonary ability may be reduced if he/she is under the influence of breath or more of 10 minutes of pulmonary capacity due to chronology, and he/she is under the influence of breath or more.

. against the President of the Korea National Assembly.