A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date of the pronouncement of this judgment.

Punishment of the crime

On November 5, 2017, the Defendant, while driving CK7 motor vehicles on the road in front of the Yellow-gu Busan Metropolitan City, which was in the front of the Yellow-gu, Busan Metropolitan City, on the road, was under the influence of alcohol, was inaccurate from D in the background leading to the Busan Southern Police Station, which was under the influence of alcohol, was under the influence of alcohol, was under the influence of alcohol on the road, and was under the influence of alcohol on the road in front of the Yellow-gu, Busan Metropolitan City.

Even if there are reasonable grounds to determine a person, he/she was requested to respond to a request for alcohol testing by a police officer for the measurement of alcohol in a manner that does not put his/her drinking measuring instrument into four times on November 5, 2017, around 02:09, around 02:19, around 02:24, around 02:29, and around 02:29, around four times, he/she did not comply with such request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, 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. 사회봉사 및 수강명령 형법 제 62조의 2 양형의 이유 피고인이 음주 운전으로 2회 처벌 받은 전력이 있음에도 이 사건 범행에 나아갔고, 음주 측정 요구를 받고도 입김을 불어넣는 시늉만 하거나 옆으로 입김이 새도록 하는 등 이 사건 범죄는 죄질 및 범정이 좋지 않다.

After committing a crime, the Defendant actively resisted the police officer and took a bath in the process of arresting a flagrant offender.

However, in consideration of the fact that the defendant is late to commit a crime at the latest and reflect, the fact that the defendant is unable to drive alcohol in the future due to the disposal of his/her motor vehicle, etc., and other various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, etc., the punishment as ordered shall be determined.