A defendant shall be punished by imprisonment for not more than ten 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

1. Around September 22, 2013, the Defendant driving a Csch Rexroth car under the influence of alcohol content of about 0.195% at a section of about 1km from the central station located in the Hamndong-dong of Ansan-si, Ansan-si to the front road of the Yandong-dong of the same Sinsan-si.

2. Violation of the Road Traffic Act (Refusal of the measurement) was demanded by the Defendant to respond to the measurement of alcohol by inserting it into a alcohol 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 drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, etc., while driving the said vehicle on the front of the scambol-gu Yakdong in Ansan-gu, Annsan City Police Station Traffic Management Department, which belongs to the traffic control division of the Ansan-gu Police Station, while driving the said vehicle on the front of the scambol-gu, Ansan-gu.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the defendant was put in several times in the part of the respiratory measuring instrument, but the respiratory measuring instrument failed to operate properly, and without any justifiable reason, it does not refuse to take a drinking test without a justifiable reason. However, the pulmonary measuring instrument was normally operated by others than the defendant on the day of the pulmonary measuring instrument, and the defendant was not at respiratory institution due to normal pulmonary disease, etc., and the above pulmonary police official E at the time of the pulmonary measurement revealed that it was possible to take a drinking test by blood collection, but in light of the above circumstances, the defendant’s above assertion is without merit).

1. The circumstantial report of a drinking driver, the notification of the results of the regulation of drinking driving, and the usage register of a drinking measuring instrument; and