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

[criminal power] On January 14, 2005, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 14, 2005, a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 14, 2005, and a fine of three million won for a violation of the Road Traffic Act at the Changwon District Court on August 23, 2010.

【Criminal Facts】

On March 30, 2014, at around 00:37, the Defendant was required to respond to the drinking test by inserting approximately 20 minutes a drinking measuring instrument in a manner that makes it difficult for the Defendant to be deemed to have driven under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, etc., from the traffic department of the Busan Gangseo Police Station and D in the situation where the Defendant was affiliated with the traffic department of the Busan Gangseo-gu Police Station, while driving Cysta car on the front of the signal bridge of Gangseo-gu Busan Metropolitan Government.

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

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Application of Acts and subordinate statutes to a report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, a report on the situation of a driver under the influence of alcohol, and

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (Taking into account various sentencing conditions as shown in the pleadings of the instant case, including the details, criminal history, age, character and conduct, and environment

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;