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 December 11, 2018, the Defendant was demanded to respond to the measurement of alcohol by inserting alcohol into a drinking measuring instrument for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Gun Police Station affiliated with the Gun Police Station, which was under the influence of drinking at the above location, while drinking alcohol and driving C motor vehicle on the road near Si, Gunsan-si, Masan-si, and under the influence of alcohol at the above location, there was a considerable reason to recognize that the Defendant was under the influence of alcohol, such as the confirmation of the reaction of drinking during the influence of alcohol during the influence of alcohol.

그럼에도 불구하고, 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. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in 2014, one time for drunk driving in 2014, one time for driving without a license, one time for driving without a license, and two times for driving without a license in 2016, and another person for driving without a license, even though he/she was punished twice for driving without a license, and considering the fact that he/she fails to comply

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the crime is recognized and reflected, and that there is no other criminal record other than the punishment of a fine due to driving under the influence of alcohol, etc.);

1. Article 62 (1) of the Criminal Act;

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;