A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] In addition to the notification of each summary order of KRW 3 million on December 31, 2009 with the same criminal name, etc. at the Jung-gu District Court on April 5, 2012, the Defendant committed a violation of road traffic law (driving alcohol), etc., and the same criminal record is three times more than three times.

[2] On November 14, 2015, at around 03:40, the Defendant driven a public parking lot in front of the active duty service 17, a 123-gil-ro, Nam-gu, Incheon, Namdong-gu, Incheon, with drinking, and driven a vehicle of approximately five meters with drinking alcohol, while driving the vehicle under the influence of alcohol, such as drinking alcohol to the suspect and drinking on the face of a police officer affiliated with the Incheon Southern-dong Police Station Cuk-gu, Incheon, upon receiving a report.

There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 운전으로 처벌 받은 전력이 있어 처벌 받을 것을 두려워하여 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;