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 August 3, 2018, at around 05:48, the Defendant was asked to respond to the drinking test by inserting approximately 30 minutes into a drinking measuring instrument while driving a vehicle CK5 vehicle on the front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City B, which was under the influence of alcohol, and making it difficult for the Defendant to d to have the driver under the influence of alcohol, so that the Defendant could not have the driver under the influence of alcohol, and it was demanded that the Defendant comply with the drinking test by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 피고인은 2018. 8. 3. 05:19 경 1차 음주 측정 요구, 같은 날 05:32 경 2차 음주 측정 요구, 같은 날 05:48 경 3차 음주 측정 요구에 대하여 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver in charge, and the application of Acts and subordinate statutes reporting the situation of driving;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act - the defendant's wrong recognition and reflects the order to attend lectures and the order to provide community service order.

- a drinking driving needs to be strictly punished for considerable social harm, and the act of refusing to measure drinking after driving under the influence of alcohol is not more likely to cause a more crime than driving under the influence of alcohol.

The defendant refused to take a 30-minute drinking test, and the attitude and transfer of the crime is not good.

- On December 15, 2017, the Defendant was punished by a fine of two million won due to driving under drinking on December 15, 2017, and therefore, again committed the instant crime.

Although long-term driving has been punished once by a fine due to drinking driving or once by a fine due to a non-licensed driving.

There is weak awareness of compliance with driving.

- Other factors such as the motive, method of crime, and circumstances after the crime are considered as ordered.