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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of a Party B's car.

On October 14, 2018, 02:04, the Defendant, while driving the said vehicle on the road located in Yansan-ro 62-1, Yansan-si, Yansan-si, 29-1, was required to comply with the alcohol alcohol measurement by inserting it into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize the Defendant to have been driving under the influence of alcohol, such as fluence and face of the Defendant’s speech and behavior from the slope D, belonging to the Yansan-si, Yan-si, Yan-si, Yan-si, Yan-si, while driving the said vehicle on the road.

그럼에도 불구하고 피고인은 같은 날 02:04경, 같은 날 02:17경, 같은 날 02:30경 총 3차례에 걸쳐 위 음주측정기에 입김을 불어넣는 시늉만 한 채 측정에 필요한 충분한 호흡을 불어넣지 아니하는 방법으로 정당한 이유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), eight copies of field photographs, and the application of Acts and subordinate statutes to the ledger of use of drinking meters;

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. Determination of the sentence like the order shall be made in consideration of the circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., under Article 62 (1) of the Criminal Act, such as the fact that the defendant has no record of the same kind of crime, etc.