A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On May 3, 2015, at around 18:00, the Defendant: (a) caused a traffic accident in contact with the vehicle in which he was drunk while driving the Epoter while drinking on the front of the D cafeteria located in Yangsan City, and received 112 a report; and (b) subsequently voluntarily traveling to the Yangsan Police Station, along with the slope G belonging to the Yangsan Police Station, the Defendant was required to comply with the drinking measurement by inserting approximately 22 minutes in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant her drunkd the alcohol to the Defendant and driven the vehicle while driving the Epoter on the front of the Dpool in Yangsan City.

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

Summary of Evidence

1. A witness I and H's legal statement;

1. A traffic accident report and on-site photographs;

1. A copy of the report on the actual state of a drinking driver, the report on detection of a drinking driver, the ledger of use of a drinking measuring instrument, and the notice of completion of correction;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reports (attached photographs of refusal of measurement, reporting on the reception of police officers' telephone statements and hearing statements, and attachment of judgment in related cases);

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. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The argument that the defendant driven a vehicle while drinking alcohol, or that the defendant did not refuse to measure the drinking alcohol by the police officer;

2. The crime of non-compliance with the measurement of alcohol under subparagraph 2 of Article 107-2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 41 (2) of the same Act, and the driver at the time of the request for the measurement of alcohol in order to establish the crime of non-compliance with