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.

Punishment of the crime

On January 27, 2019, the Defendant, while under the influence of alcohol around 08:30 on January 27, 2019, was driving a two-way B house in Yangsan City, and was driving a freight vehicle for the “B house”, on the ground that D et al. carrying al. were prevented from driving a two-way lane.

At around 10:43 of the same day, the Defendant was required to respond to the measurement of alcohol by inserting the breath of alcohol in four minutes between about 20 minutes and about 11:05 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as making the Defendant snife and snife, snife, snife, red and gale, and snife, and the Defendant stated the facts of driving by the Defendant, etc., who was dispatched after receiving a report of 112 minutes in relation to the foregoing vision.

그럼에도 피고인은 음주측정기에 입을 대고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Reporting on the detection, internal investigation, and investigation report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Details of the settlement of reported cases; and

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 17 and 27);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the method and form of the crime, the circumstances and circumstances at the time of the crime, etc., and the same kind of crime.