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 this judgment becomes final and conclusive.

Punishment of the crime

On October 30, 2017, the Defendant, while driving D’s cafeteria on the front of the C cafeteria located in Heakdong-gu, Chungcheongnam-gu, Cheongju on the day when he was involved in a traffic accident, was voluntarily accompanied to the Facs of the Cheongju Police Station Fack-gu, Cheongju-gu. On the same day at around 04:36 of the same day, the Defendant driven the Defendant while under the influence of alcohol, such as smelling the Defendant, smelling the facing on the face of the said police box, putting the Defendant under the influence of alcohol, and putting the facing on the face of the said box.

인정할 만한 상당한 이유가 있어 약 37 분간 4회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도, 음주 측정기에 입김을 불어 넣는 시늉만 하거나 현장에서 이탈하려 하는 등 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is not good by refusing a police officer's request for measurement of legitimate drinking even though he/she had driven two times of drinking again despite the existence of a previous record of driving, but it seems that the defendant led to the confession of the crime and reflects his/her mistake, the fact that there is no previous record exceeding the fine, and that he/she would not drive drinking again;

The punishment as ordered shall be determined in consideration of the defendant's age, sex, environment, background leading up to the crime, means and methods of committing the crime, results, circumstances after the crime, etc.