A defendant shall be punished by imprisonment with prison labor for up to six 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 March 3, 2018, at around 16:57, the Defendant was required to respond to the measurement of drinking alcohol for about four minutes on the ground that: (a) the Defendant driven the E-freight on the front of the road along D side farming in Chungcheongnam-si, Chungcheongnam-si; and (b) the Defendant was reported to the effect that he caused a traffic accident involving the piling structure located on the said road; and (c) the Defendant was required to respond to the measurement of drinking for about four minutes in an emergency for 16 minutes in around 16 minutes from G, who is a public official belonging to F District of the Police Station in the Chungcheongnam-gu, Chungcheongnamsan National Police Station in the same city on the same day.

그럼에도 불구하고 피고인은 음주 측정기 빨대를 입에 살짝 대고 호흡을 넣다가 말다가 하는 등 음주 측정기에 입김을 불어넣는 시늉만 하는 등의 방법으로 음주 측정을 거부하며 이를 회피하였다.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has a reasonable ground to be recognized and has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A report on investigation;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

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 a sentence of alternative imprisonment (the driving of drinking alcohol has a record of being punished several times);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the admission of errors and the previous conviction for the same kind of crime has passed for at least 14 years, and the fact that the health of the defendant is not good

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