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.

Criminal facts

On May 9, 2015, the Defendant was demanded to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument while driving D amba while driving D amba on the front of D amba on the road in the Kimhae-si, Kimhae-si, and on the ground that there are reasonable grounds to recognize that the Defendant driven D amba, while drinking D amba on the road in front of D amba, the Defendant was in compliance with the drinking test by inserting it into a drinking measuring instrument over a period of about 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;