A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 29, 2015, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, smelling, smelling, and d and slope E, a policeman belonging to the police station C district unit of the old U.S. police station, which is under the influence of drinking, while driving a boom B, while drinking alcohol on the following side of a wooden club located in the Sinsi-si, Sinsi-si, Sinsi-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (with regard to details of control and refusal of measurement of drinking);

1. Report on the state of driving under the influence of alcohol, notification on the results of the control of drinking driving, and application of Acts and subordinate statutes to the regulations on drinking driving;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, 2008Da11448, Apr. 2, 2007) (see, 207Da128, Jan. 2, 2008)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;