A defendant shall be punished by imprisonment for not less than eight months.

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

On May 13, 2014, at around 01:08, the Defendant, while driving a drinking-free vehicle B in front of the 2nd public vehicle in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant was required to comply with a drinking-free test by means of drinking alcohol through an open window from the upper border of the Sungnam Police Station belonging to the Sungnam Police Station, but without complying therewith, the Defendant was required to drive the said vehicle, without complying with it, and was able to undergo a shock from the Gyeong and four others belonging to the above police station.

On May 13, 2014, around 01:16, the Defendant parked around 13 km from the end of the patrol car at the 38No7088, which was slowed to the end of the car running by the Defendant, with approximately 13 km from the end of the uno-Mari-gu amendment of the Gi-si Si-si. The Defendant stopped and stopped the patrol car in front of the car driven by the patrol car at 38No708.

On May 13, 2014, at around 01:44, the Defendant was required to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument from E at the superintendent of the Gangseo-gu Police Station, on the following grounds: (a) there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as cutting off a horse, cutting off and smelling the horse; and (b) there is considerable reason to believe that the Defendant was driving under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the actual status of a host driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;