A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 20, 2018, around 23:50 on September 20, 2018, the Defendant was drunk while driving a BA5 AD car at a section of about 50 meters from the public parking lot in the Dong-dong subway Station in Busan Dong-dong to the front day of the public parking lot, and was found to have been drunk due to drinking, which was presented by C Gyeong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

The defendant was driving under the influence of alcohol, such as smelling in his body at the time and her face scarbing red.

Due to reasonable grounds to determine a person, it was demanded that the person comply with the drinking test by inserting the whole in a drinking measuring instrument three times for about 15 minutes from the above Ra for about 15 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (main investigation report);

1. Application of Acts and subordinate statutes on investigation reporting;

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 (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201) (see, 201; Supreme Court Decision 2008Da

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;