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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.
Reasons
Punishment of the crime
On August 23, 2013, at around 23:00, the Defendant was required to respond to the measurement of alcohol by inserting alcohol into a drinking measuring instrument over about 35 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a car of Kaone Star under the influence of alcohol, such as smelling and smelling on the face, while driving the car of 3-8 on the front of the Dondong Don-dong 3-8 in the form of drinking on the road.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The user ledger of the measuring instruments for drinking;
1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (including the fact that there is no previous and three times a fine exceeding the previous one, the fact that there is no criminal record going beyond the fine, the fact that the vehicle is scrapped, and the fact that the vehicle does not drive again under the influence of alcohol, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;