A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 22 and 25, 2015, the Defendant, while driving a liquid vehicle in the state of drinking on the road in the city of the Yaju-si, the Yaju-dong, the Yaju-dong, the Yaju-si, the Yaju-si, the Yaju-si, the Yaju-si, the Yaju-dong, the Yaju-dong, the Yaju-dong, the YA-dong, the YA-dong, the YA-dong, the YA-dong, the YA-dong, and the YA-dong, the Defendant

피고인은 같은 날 23:08경부터 약 30분 동안 위 D지구대에서 위 E으로부터 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았으나 입김을 불어넣는 시늉만 하는 방법으로 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Control note, master-employed driving report, report on the actual state of a drinking driver, and the ledger of the use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Application of on-site photographs and Acts and subordinate statutes governing drinking photographs;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act heavier than the punishment as provided for in the said Articles];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. is that the Defendant committed a violation of the Road Traffic Act on or around July 22, 2015.