A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On May 29, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the branch court of the Busan District Court (drinking). On January 14, 2011, the Defendant was sentenced to a fine of KRW 1,50,000 for the same crime in the same court.

[2] On November 4, 2017, the Defendant driven a motor vehicle under the influence of alcohol by 101 as the head of Busan Dong-gu, Busan on November 4, 2017, and 101 (Gu) while driving a motor vehicle B on the right side of the river, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling the Defendant on the face of the police station in front of the river.

There is a reasonable reason to determine a seal, and it was demanded to respond to the measurement of drinking by inserting approximately 40 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. Reports on internal accidents, inquiries about the details of crackdown on driving of alcohol, and circumstantial reports on drivers of alcohol;

1. Records of the judgment: The application of any inquiry letter, such as criminal history, (A) and reporting on the result of a previous conviction of the disposition (A);

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is as shown in the records of the crime in the judgment below, the defendant driving a drinking again even though his previous offense of violation of road traffic law was two times, and refused to take a measurement of the drinking further. The defendant's liability is not easy: Provided, That the defendant is against the defendant's depth, the defendant has no previous offense except for his previous offense, and the defendant has no previous offense, and all other conditions of sentencing as shown in the trial process are considered to be determined as ordered.