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.

Punishment of the crime

On April 1, 2019, at around 00:20, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 20 minutes, on the road in front of around 00:20, on the road when he was under the influence of alcohol, and committing a signal violation while driving C rocketing and a motor vehicle under the influence of alcohol, and under the control of the scene, from the slope E belonging to the Gyeongsan Police Station D Boxes, which was under the control of the scene, the Defendant was in need of complying with the drinking test by inserting it into a drinking measuring instrument for about 20 minutes.

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. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes on control field photographs;

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; Act No. 16037, Jun. 25, 2019);

1. Article 62 (1) of the Criminal Act;

1. The execution of imprisonment shall be suspended in consideration of the fact that there is no history of punishment of imprisonment without prison labor or heavier for the reason of sentencing under Article 62-2 of the Criminal Act, the depth is reflected, the age, occupation and family relationship, etc. of the accused, and the probation is deemed to require strict supervision and supervision of the prior probation officer to prevent recidivism. It is so decided as per Disposition on the grounds above