On May 6, 2017, at around 04:51, the Defendant driven a two-wheeled motor vehicle under the influence of alcohol on the front of the D pharmacy located in Busan Northern-gu C, and the Defendant snicked from G in the circumstances where the F of the Police Station in the North Northernbu Police Station F, and driven a two-wheeled motor vehicle under the influence of alcohol, such as smelling, driving the motor vehicle under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 16 minutes in a drinking measuring instrument.

Nevertheless, it is necessary for the Defendant to measure why he was unable to drive under the influence of alcohol.

on the same day 04:52 on the same day, a police official did not comply with a police official’s request for a measurement of alcohol without justifiable grounds, such as refusal to measure the first alcohol, refusal to measure the second alcohol around 04:58 on the same day, refusal to measure the third alcohol around 05:03 on the same day, refusal to measure the fourth alcohol level around 05:08 on the same day, and refusal to measure the fourth alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight is that the Defendant was sentenced twice to a fine due to drinking driving, and for the year 2014, even though he was sentenced to a suspended sentence, the Defendant was punished by a fine by driving without a license during the period of suspended sentence in 2015; the Defendant was also punished by a fine during the period of suspended sentence in 2015; there was a high risk of having caused a traffic accident that he was driving in the state of drinking; and the offense of refusing to take measurements of drinking is a good crime, and thus, it is difficult to achieve the purpose of the punishment by a fine or a suspended sentence.

The sentence shall be sentenced as it appears.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.