A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 11, 2016, at around 04:40, the Defendant was required to take a drinking test for about 30 minutes on the ground that the Defendant was snick F in Gwangju Dong Police Station E District Assistant F, who was sent to the Defendant after being locked in the driver’s seat while driving the D SM7 vehicle in front of the Claundry Office located in Gwangju Dong-gu, Gwangju, for about 30 minutes on the ground that he was snicking and smelling in the face.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피함으로써 술에 취한 상태에 있다고 인정할 만한 상당한 이유가 있는 사람으로서 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished twice by drinking alcohol driving over the year 2013 and 2015; (b) the Defendant has no other criminal record; (c) the Defendant has led to the confession of and not repeating the offense; and (d) the Defendant’s age, character and conduct, environment, health conditions, details of the offense, and circumstances after the commission of the offense, and all of the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, character and behavior, environment, health conditions,