A defendant shall be punished by imprisonment for one year.

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

The defendant is a person driving a BM520 V car.

피고인은 2020. 7. 3. 01:10경 울산 남구 C에 있는 ‘D’ 앞 도로에서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되고 혀가 꼬여 발음이 부정확한 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 울산남부경찰서 E지구대 소속 경장 F로부터 같은 날 01:10경부터 01:25경까지 약 15분 동안 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the defendant did not comply with a police officer's request for the measurement of alcohol without justifiable grounds by clarifying his/her explicit intention to refuse to measure because he/she did not drive.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement G written statement to the main driver;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order to Attend a community service order [the scope of the punishment by law] The sentence shall be determined as per the order, comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime, and the circumstances after the crime.

A state of unfavorable circumstances: a person who is in danger of causing fatal damage to the life and property of another person as well as a person, and the defendant requires a drinking test even though there is a significant reason to recognize that the person had already been punished twice due to drinking driving, even though there is a significant reason to recognize that the person had been engaged in drinking.