Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On May 25, 2019, at around 22:50, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument three minutes at approximately five minutes at intervals of five minutes, on the road in front of Busan City, while driving Dworka car in the state of drinking, after receiving a report from 112 to the effect that “D vehicle is in the state of drinking.” The Defendant was required to respond to the drinking test by inserting alcohol into a drinking measuring instrument at approximately three minutes at intervals of five minutes.

그럼에도 불구하고 피고인은 음주측정기에 입김을 측정이 불가능할 정도로 아주 짧게 불어넣는 등 입김을 불어넣는 시늉만 하며 제대로 불어넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (as regards the situation at the time of arrival of the site);

1. Article 148-2(2) and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor for the crime

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, refused to measure drinking as stated in the criminal facts while drunk, and that the defendant had the record of being sentenced to a fine for 2016 due to drinking driving is disadvantageous to the defendant.

However, considering the favorable circumstances in which the defendant has no record of punishment heavier than the suspended sentence of imprisonment without prison labor.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, and other cases.