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 January 4, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, smelling, drinking, and drinking on the face by the police officer F of the police station E box belonging to the Changwon Police Station E box belonging to the Changwon Police Station, while driving a motor vehicle at the three-lane 4-lane in front C of the window at Changwon-si, Changwon-si, and driving a motor vehicle under the influence of alcohol, such as driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the speed of fluence, while driving a motor vehicle at the speed of fluence.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

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

Summary of Evidence

1. Legal statement of witness F;

1. Inquiries about facts (police station in the original library);

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

1. Each investigation report (for example, 8, 10, 27) ;

1. The ledger using the drinking-free measuring instrument, the ledger for the control of the driver, and the ledger for the control of the result of each week measurement (the defendant alleged to the effect that he responded to the drinking measurement, but the above evidence duly adopted and investigated by this court, it is sufficiently recognized that the facts charged in this case are sufficient and there is no reasonable doubt thereon).

Application of Statutes

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. Although the Defendant had had been subject to two times punishment due to drinking driving, the Defendant again committed the instant crime and did not seem to reflect the fact that he/she did not seem to have committed the instant crime.

However, the defendant, including the fact that the defendant has no record of being sentenced to suspended sentence or heavier for the same crime.