A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 10, 2016, the Defendant was required to respond to the measurement of drinking alcohol by inserting alcohol measuring instruments three times in total until 21:03 of the same day, while driving B K7 cars on the roads in front of the Sungnam District Court of Sungnam Branch, which was located in 451, in the state of drinking on September 20, 2016, prior to the Sungnam District Court of Seongbuk-gu, Sungnam Branch Police Station C, which was called a vehicle suspected of drinking, and was dispatched after receiving a report as a vehicle suspected of drinking, to the police officer affiliated with the Police Station C of the Gyeonggi Sungsungnam Branch Police Station, which was called the vehicle suspected of drinking, and was under the influence of drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of each Act and subordinate statute to each photograph, use register of a drinking measuring instrument, video CD, master-passing driver's license report, statement on the situation of a drinking driver, and each photograph;

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 a sentence of imprisonment with prison labor chosen (the two-time records of drinking driving);

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

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;