A defendant shall be punished by imprisonment for not less than eight 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 May 7, 2015, the Defendant: (a) while driving a ENEW ENW EF rocketing on the front side of the Daejeon East-gu, Daejeon on May 7, 2015, the Defendant: (b) was under the influence of alcohol, after receiving a report that he/she is a drunk vehicle; (c) was under the influence of alcohol from the border F of the Daejeon East Police Station affiliated with the Daejeon East East-gu, Daejeon, on the face, snicking; and (d) was under the influence of alcohol, such as a string distance.

On the same day, there was a considerable reason to determine a person, and at around 03:21, around the same day, a request was made to respond to a drinking test by inserting approximately 20 minutes in the office of the Yongsan-dong, Daejeon Special Metropolitan City.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement made by the police with H and F;

1. The application of Acts and subordinate statutes to inquire about the results of crackdown on driving alcohol, requests for alcohol measurement, photographs rejected or rejected photographs, copies of the ledger using a drinking measuring instrument, requests for cooperation in duties of receipt of reports 112, requests for handling of reported cases, video CDs refusing to measure alcohol, video CDs, and voice recording files;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant continues to be punished by the investigative agency from the time to the present court, and the defendant has no record of the crime in addition to the fine once, and the defendant has no record of the crime in this case, and the circumstances of the crime in this case, details, the family circumstances of the defendant, and sexual conduct, shall be determined as ordered by comprehensively taking into account the following factors:

Judgment on Defendant’s argument

1. The F, etc., of the alleged control police officer shall be placed on the earth against the accused.