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

around 21:03 on June 29, 2016, the Defendant was driving a D-car on the road in front of the Pyeongtaek-gun, the Cheongan-gun, the Cheongan-gun, the Cheongan-gun, which was under the influence of alcohol, and was requested by FF under the circumstances belonging to the Yanan-gun Police Station E, which was under the influence of alcohol, and did not comply therewith, and operated the said vehicle as is without complying therewith, and entered the said vehicle into a parking lot for approximately 200 meters of the saw head bathing beach, which was about 216 meters in the special telecom, but it was confirmed that the Defendant was drinking again from the above F, who was going through the patrol and driving of the vehicle, and accordingly, the Defendant was confirmed by the reduction of alcohol at the time.

In addition, as there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a breathly and a breathous distance, etc., by drinking, the Defendant was demanded to comply with the drinking test by inserting the breath in a manner of injecting the whole breath of drinking over three minutes from around 21:20 to about 21:40 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes of written statements of drinking drivers;

1. Relevant Acts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. On October 23, 2014, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture was sentenced to two years of imprisonment with prison labor for alteration of official documents, etc. at the Suwon District Court, and committed the instant crime during the suspended sentence period.

Provided, That the execution of a punishment shall be executed in consideration of favorable circumstances, such as the fact that the current grace period has been expired and there is no previous conviction of the same kind, and reflects the mistake.