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 September 18, 2017, the Defendant, while driving a fluorous motor vehicle in front of his/her pharmacy located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on the road of his/her pharmacy on September 18, 2017, he/she was under the influence of alcohol, such as drinking alcohol in his/her mouth from H in the situation where he/she belongs to the Young-dong Police Station G District, drinking alcohol, and speaking that he/she would drink his/her own alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 25 minutes into a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A written statement of the driver who takes charge;

1. Each investigation report (the sequence 6, 11 of the evidence list);

1. Notice of completion of correction;

1. Application of 2 Acts and subordinate statutes to black booms video CDs

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The gist of the assertion is that the defendant, while drinking alcohol, was demanded by a police officer to respond to the measurement of drinking by inserting the measuring instrument for drinking, as stated in the facts charged in the instant case.

그러나 피고인은 평소 신경 쇄 약으로 신경 안정제와 수면제를 복용해 왔고, 5년 전 재생 불량성 빈혈로 수혈을 여러 차례 받으면서 호흡량이 부족했으며, 이 사건 당일에도 몹시 피곤하고 호흡이 가빴던 상태였으므로, 음주 측정기에 3 차례에 걸쳐 힘껏 호흡을 불어넣었음에도 필요한 호흡량에 이르지 못해 음주 측정이 이루어지지 않은 것에...