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

On June 24, 2013, at around 05:31, the Defendant: (a) driven a motor vehicle from approximately 3 km section to the road near the Gyeyang Elementary School located in the Dong in the same Eup/Myeon, from around 3 km section of the same city to the road; and (b) received a report from the police officer who was dispatched and was driving the motor vehicle under the influence of alcohol, such as smelling and smelling the motor vehicle on the road while driving the motor vehicle on the road; and (c) received a request from the police officer to respond to a drinking measurement by inserting the motor vehicle into a drinking measuring instrument, on the ground that there is a reasonable ground to recognize that the Defendant driven the motor vehicle under the influence of alcohol, such as drinking and smelling on the face.

Nevertheless, the Defendant refused to take a drinking test on the ground that toilets are urgently needed in his job, and entered the E-district toilets of the police station in Jinjin-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, D around 05:41 on the same day, and refused to take a drinking test even though he was again demanded by a police officer to respond to a drinking test at around 06:08.

The Defendant continued to refuse to respond to the breath test from a police officer, and requested to comply with the breath test by blood gathering method, but the Defendant also refused to comply with the breath test, called “I am at once, I am at once, I am at home, I am at home, and I am at bar.”

As a result, the Defendant did not comply with a police officer's drinking test.

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. The user ledger of the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The accused shall drive without a license for drinking alcohol on several occasions, for the reason of sentencing under Article 62-2 of the Criminal Act.