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

피고인은 2020. 2. 2. 22:25경 부산 사상구 괘법동 574-2에 있는 감전 제2배수펌프장 맞은편 편도 4차선 도로의 4차로에서 B 그랜저 승용차의 시동을 켠 상태로 운전석에 앉아 졸고 있던 중 불법 주정차 차량이 있다는 112신고를 받고 현장에 출동한 부산사상경찰서 경비교통과 C 소속 경장 D로부터 피고인이 발음이 부정확하며 눈이 충혈되고 음주감지기로 음주감지가 되는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 22:49경 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the defendant did not drive a vehicle, and the defendant did not comply with a police officer's demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing field photographs, CCTV photographs of buses at the scene of detection, and CCTV photographs of E funeral parlors, to each investigation report (Refusal of measurement);

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had been punished for drunk driving in 2001, and that it is not good after the judgment of the court, such as the defendant's refusal to take a drunk test, and the defendant's active statement in an investigation agency about the drinking driving, etc., are disadvantageous to the defendant.

In full view of the statutory punishment of the crime of violation of the Road Traffic Act (Refusal of measurement) and the aspect of securing the effectiveness of the measurement of alcohol, the illegality of the crime in the judgment should be evaluated as similar to the act of drinking under the blood alcohol concentration.