A defendant shall be punished by imprisonment for not more than ten 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 February 1, 2019, at around 01:57, the Defendant, at a place where it is impossible to know the Samsungdong's land in Gangnam-gu Seoul, Seoul, and around 8 meters prior to the exit of Songpa-gu, Songpa-gu, Seoul, to the road of approximately 4km in a state of drinking in which the blood alcohol concentration cannot be known, and, at least 4km, he was under operation of B-do motor vehicle in a state of drinking, he was under suspicion of drinking driving.” The Defendant, upon receiving the 112 report, controlled 4 police officers, such as the police officer belonging to the Song-gu Police Station C District, who was dispatched, on the roads prior to the exit of 8-gu in the original market.

피고인은 발음이 부정확한 상태로 입에서 술 냄새가 나고 얼굴에 홍조를 띠며 음주 감지기에서 음주가 감지되는 등 술에 취한 상태에서 운전을 하였다고 인정할 만한 상당한 이유가 있어, 2019. 2. 1. 01:25경 위 경찰관들로부터 음주측정에 응할 것을 요구 받았음에도 같은 날 01:57경까지 4회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주 측정을 거부하였다.

As a result, the defendant was required to respond to a sobreath test by a police officer, but did not comply with a request for a sobreath test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and the next inquiry;

1. Application of CD-related Acts and subordinate statutes

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, as follows, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime is committed.