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 became final and conclusive.

Punishment of the crime

Around 01:05 on December 3, 2019, the Defendant was required to put the fire attached to a drinking measuring instrument three times between 01:10 and 01:25 on the same day, and to take a drinking test in a manner of making it difficult for the Defendant to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, from D Zone E belonging to the Seosan Police Station D District, which was dispatched after receiving 112 reports on the above road, while driving a vehicle from around two meters to around the road.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 실제 입김을 불어 넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on internal investigation (a manual for control);

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

1. It appears that the reason for sentencing under Article 62(1) of the Criminal Act is against the reason for sentencing under Article 62(1) of the suspended sentence, the fact that the disposal of the vehicle and the re-sale of the vehicle are expected not to mislead the same mistake, the first offender, and the defendant's age, character and conduct, environment, criminal records and criminal records, circumstances after the crime, etc., shall be determined as ordered by taking into account all the conditions of sentencing as shown in the arguments