A defendant shall be punished by imprisonment for six 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 August 27, 2018, at around 23:15, the Defendant: (a) driven a cab on the road in the Seocheon-si B Apartment Complex and parked there; (b) was demanded to comply with the drinking alcohol measurement by inserting the cIVIC car, which was parked at that place; and (c) there was considerable reason to recognize that the Defendant was driven under the influence of alcohol by drinking from F, a policeman affiliated with the Busan High Police Station E, the Busan High Police Station E, which was called upon 112 after receiving the 112 report, and rhhhing the brea on the face and rhing the hhhing on the face of the breaf for about 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a survey report on the actual condition, investigation report, and report on the actual status of running a driving a motor vehicle;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of the following conditions of sentencing for sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant’s age, driving distance, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc.

- drinking driving is highly dangerous and social harm is considerable, so it is necessary to impose severe punishment.

- The defendant has been punished for a fine already due to a drunk driving around 2015, while he/she has been working for a taxi driver.

Nevertheless, it was controlled while driving alcohol while drinking, and refused to take a alcohol test.

- The defendant is able to repent his mistake and not repeat his offense.

- There is no past record of punishment exceeding the fine prior to the instant case.