A defendant shall be punished by imprisonment for not less than eight 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 26, 2014, at around 23:40, the Defendant was required to comply with a drinking test by inserting approximately 20 minutes a while driving a BMW car in front of 69 on the road at the Han-si, Seocheon-gu, Seocheon-si, Seocheon-si, and on the 69-do, while driving the BMW car on the 69-do.

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. The application of Acts and subordinate statutes to the notification of the results of the drinking-driving control, the report on the state of the drinking-driving and statement, and a copy thereof;

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

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend a lecture is two times a fine for the same kind of crime, or one time a suspended sentence is suspended, and the defendant is driving under the influence of drinking.

The defendant needs to be punished strictly in light of the fact that he/she was discovered, and that he/she did not comply with the measurement.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the Defendant did not commit any particular crime for the last nine years; and (c) the Defendant’s age, character and conduct and environment; and (d) the background and motive leading to the instant crime; and (b) the circumstances before and after the instant crime, etc., the sentence is imposed as ordered by the Criminal Procedure Act.