A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 7, 2019, at around 01:35, the Defendant was required to respond to a drinking test in a manner of inserting the breath of alcohol in front of the Chuncheon City Branch of the C Bank in Chuncheon City, B, upon receiving a report from the head of the police station affiliated with the D Zone D District of the Chuncheon Police Station, and recognizing that the Defendant was under the influence of alcohol, such as drinking, drinking, unstove, and photographing the face, and making it possible for the Defendant to recognize that he was under the influence of alcohol on the roads of the C Bank in front of the Chuncheon City Branch of the C Bank in Chuncheon City, Chuncheon. In addition, around 01:471, 01:53 second, and 01:59 on the same day, the Defendant was required to comply with the drinking test by inserting the breath of the b

그럼에도 피고인은 음주측정기 불대를 불지도 않고 옆으로 입김을 불어넣는 시늉만 하면서 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구를 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A copy of the usage register of measuring instruments for drinking;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 (2) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment ( Taking into account the risk of driving of this case under drinking conditions, such as intrusioning the central line, and the fact that the defendant has a record of driving under drinking around 201, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment, other than the previous conviction, the fact that the defendant has been punished, the age, environment, family relationship, means and result of the crime, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;