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 becomes final and conclusive.

Punishment of the crime

On September 7, 2019, when the Defendant was driving a D E-coo vehicle under the influence of drinking on the road in front of “C” located in B at around 04:38, the Defendant was demanded to comply with the measurement of alcohol by inserting four minutes from around 05:15 on the same day to around 05:38, on the ground that there exist reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking alcohol and drinking alcohol, and walking walking, from E-gu in the E-gu located in G, and driving under the influence of alcohol by inserting four minutes from around 05:15 to around 23:38.

그럼에도 피고인은 혀로 음주측정기의 불대를 막고 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 police statement of H;

1. Application of Acts and subordinate statutes governing the statement of the status of a driver, investigation report, photographs (Evidence No. 13), and 112 Report Handling Table;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, disposal of vehicles, punishment records, health status, environment, etc.);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;