A defendant shall be punished by imprisonment for one year.

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 September 25, 2009, the Defendant was punished by a fine of two million won by a violation of the Road Traffic Act at the Gwangju District Court on September 25, 2009, and on July 2, 2008, the Defendant was sentenced to a fine of two million won by the same court for the same crime, etc., and the same power has two times more.

On January 20, 2014, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes, while driving a D E E-cub vehicle in the former Donnam-gun C with drinking on January 20, 2014, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and smelling on face, while driving a D-cub vehicle with drinking in the former Dondon-gun C, and making it possible to recognize that he/she was driving under the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation;

1. A photograph refusing to measure alcohol;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes, such as criminal records, correspondence records, and the same kind of judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her mistake in depth, the fact that the defendant has no criminal record of imprisonment without prison labor or heavier punishment, and the age, character and conduct, family environment, circumstances after crimes, etc. recorded in the records of this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;