A defendant shall be punished by imprisonment for six 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 September 17, 2018, at around 19:01, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes from around 19:41 to 19:56 on September 19, 201, while driving a Grand Car in Songpa-gu Seoul, which caused a traffic accident and received a report while driving it on the road in front of the restaurant. In response to voluntary driving, the Defendant was required from F in the circumstances belonging to the Seoul Song Police Station E zone, the Seoul Song Police Station: (a) to voluntarily drive the vehicle; and (b) to voluntarily drive the vehicle; and (c) from H in the process of the above police station, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes from around 19:41 to 19:56 of the day.

그럼에도 피고인은 음주측정기를 뿌리치거나 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

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

1. Taking into account the fact that there exists a record of being sentenced to a fine twice due to the reasons for sentencing under Article 62-2 (1) of the Criminal Act, the confession of a crime, and the fact that there exists no record of being sentenced to a suspended sentence or heavier punishment;