A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol on the road in front of the C convenience store located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant, while driving a motor vehicle in Dice-gu, while drinking, while driving a motor vehicle in Dice-gu under the influence of alcohol on the road.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting the whole influence of a drinking measuring instrument four times from around 01:56 to around 02:14 on the same day.

그럼에도 피고인은 음주 측정기 측정을 거부하거나 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of traffic accidents and notification of the results of regulating drinking driving;

1. Application of an accident scene photograph, rejection of measurement, and statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is likely to be criticized in that the Defendant committed the instant crime even though he/she was punished once by drinking alcohol driving in the past.

However, the defendant is currently recognizing and opposing his mistake.

No person shall be subject to criminal punishment before and after the driving of the above drinking, except once.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.