A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On February 28, 2018, the suspect was driven under the influence of alcohol, such as drinking alcohol and drinking alcohol to the suspect from the slope belonging to the D District Zone belonging to the Ulsan-gu Police Station D of Ulsan-gu, Seoul-gu, Seoul-do, the suspect was driven in front of the Sejong-gu, Ulsan-gu, the Northern-gu, the Northern-gu, the Northern-gu, the Northern-gu, the Northern-do, the cream was driven in front of the Sejong-do, which is located on the north-gu, the north-gu, the north-gu., the suspect was driven under the influence of alcohol.

The Ulsan Central Police Station was voluntarily accompanied by the F Team office of the Ulsan Central Police Station of the Ulsan Central Police Station due to reasonable grounds for appointment.

It was demanded to respond to the measurement of drinking by inserting approximately 15 minutes to three times from the slope G, etc. belonging to the F Team of the Ulsan Central Police Station, etc.

그럼에도 피의자는 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report, actual condition survey report and field photo, letter of voluntary consent to accompanying, copy of the ledger of use of a drinking measuring instrument, report on detection of a driver at home, circumstantial report of a driver at home, and report of 112 case handling report;

1. Application of Acts and subordinate statutes to investigation reports (a summary of the case);

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. The reason for sentencing of Article 62(1) of the Act on the Suspension of Execution is deep night, and the road structures are annexed to the road, and the vehicle was set up in the opposite direction to the driving direction, so that it could lead to a serious accident. Nevertheless, even though the driver's liability by refusing to measure drinking is not somewhat weak, the vehicle as indicated in the decision after the instant case was scrapped, his depth is against his mistake, the defendant raises children mixed, and the defendant is one time due to a crime of violation of the Road Traffic Act (dacting) in 2007.