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 December 21, 2013, around 00:40, the Defendant was demanded to comply with a drinking test by inserting a breath alcohol measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a big distance, snow, shock, and a horse, from E in the circumstances belonging to the Daegu Western Police Station C District District, while driving a DDap car in front of the c District in Daegu Seo-gu B, Daegu, Daegu, Daegu, and there was an inaccurate reason to believe that the Defendant was driving under the influence of alcohol.

그럼에도 불구하고, 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act (Refusal of measurement);

1. Application of Acts and subordinate statutes to a report on investigation (compact for non-compliance with sound measurement);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. In light of the fact that the defendant committed the instant crime even though he/she had been subject to punishment several times for the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the fact that the defendant has led to the confession and reflect of the crime, the circumstances of occurrence of the case, etc.