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.

Criminal facts

On September 17, 2018, the Defendant was under the influence of alcohol at C, prior to C, which was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of alcohol in the atmosphere of the signal, and was under the influence of alcohol, and was required to comply with the drinking test by inserting approximately 20 minutes in the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling the suspect by drinking alcohol from the slopeF belonging to the Yangsan Police Station Eab box called upon receiving the report, drinking alcohol, drinking-distance, and the face is reding.

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. Report on the statement of the state of a drinking driver, report on the results of the drinking driving control, inquiry into the results of the drinking driving control, and application of Acts and subordinate statutes to photographs of the site;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the motive and responsibility for refusing to measure the drinking alcohol, the first time of fines for violating the Road Traffic Act of 2016 prior to the instant case, the situation in which the Defendant is faced, and the reflectivity, etc. shall be considered.