A defendant shall be punished by imprisonment for not less than eight 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 July 29, 2017, at around 13:39, the Defendant received 112 reports to the effect that the Defendant appears to drive B cab in the state of drinking, and that the Defendant was under the influence of alcohol, such as the Defendant’s face and eye red.

인 정할 만한 상당한 이유가 있어, 위 112 신고를 받고 출동한 부천 소사 경찰서 C 지구대 소속 경사 D이 피고인에게 약 20 분간 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구하였음에도 불구하고, 음주 측정기에 입김을 불어 넣는 시늉만 하면서 이를 회피하고 정당한 사유 없이 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger using the dactbling measuring instruments (list 5);

1. Each investigation report, etc. (List 3,9);

1. Application of relevant Acts and subordinate statutes of each photograph (list 8,12);

1. The punishment provided for in the relevant Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act and the imprisonment with prison labor for an optional crime;

1. Article 53 or 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (no such confession, reflectivity, nor is it identical or similar to the one, the suspension of execution of which is yet to be granted);

1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);

1. Article 62-2 of the Criminal Code of the Social Service Order