A defendant shall be punished by imprisonment for not more than ten months.

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 October 18, 2017, the Defendant, without a driver’s license of a motor vehicle around 19:10 on October 18, 2017, was proceeding on the opposite side while driving a C B-W-W-W-C-W-W-W-W-C-W-W-W-C-W-W-W-

D Driving under the influence of alcohol, such as smelling a scoo car and a traffic accident on the face of the police box of the Eastern Police Station E (hereinafter “Scoo”) sent to the site by the Defendant from F.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the situation of the driver who takes the driving, investigation report (report on the situation of the driver who takes the driving), and the register of driver's licenses

1. Application of the Act and subordinate statutes on the actual investigation of traffic accidents and the report of internal investigation;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing 0 unfavorable to Article 62-2 of the Criminal Act for the observation of protection and observation: The fact that there was a history of punishment three times due to drinking driving in the past: A confession and reflectivity; the fact that the occurrence of an accident due to drinking, even though the occurrence of an accident due to drinking, is not significant damage due to the crime; the defendant himself/herself does not repeat again; and his/her family members and supporters want not repeat again; and there is an economic difficult situation.