1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 4, 2012, the Defendant issued a summary order of KRW 4.5 million to a fine of KRW 4.5 million for a violation of the Road Traffic Act (driving), to a court on August 6, 2013, to a fine of KRW 6 million for a violation of the Road Traffic Act (driving), and to a fine of KRW 8 million on July 15, 2015 by the same court on July 15, 2015, respectively.

On January 25, 2018, the Defendant, while driving a radar car on a road in front of 67 gay distance on the 67 gaym in the front of the Suwon-gu, Suwon-si, Seoul Special Metropolitan City on January 25, 2018, was driven under the influence of alcohol by the Defendant, such as inafluenced from a slope D belonging to the police station C District Zone of the Suwon-gu, the Defendant, who was under the influence of alcohol, with a notice of 112

Due to reasonable grounds to determine a person, it was demanded from around 01:48 to 02:03 to respond to the measurement of drinking alcohol by inserting the whole in part three times for about 15 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (a notice of completion of correction) related to drinking measurement;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] ] Imprisonment with prison labor for six months or more, or one year and six months (the decision of sentence] as follows, and other circumstances, such as the defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime.