A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

around 23:55 on August 23, 2017, the Defendant driven a vehicle in the influence of alcohol, such as smelling and smelling on the face, while driving a road in front of the "Seoul Chang-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Culture Center" located in the Chang-gu Special Metropolitan City in a state of drinking.

Since there are reasonable grounds for appointment of a person, the police officer's request to comply with a drinking test by inserting approximately 10 minutes in a drinking measuring instrument from D, which was made by a police officer belonging to the former Changwon Police Station C District for the purpose of refusing to comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details, etc. of the arrest of a flagrant offender);

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. Investigation reports (the current state, etc. of refusal to measure drinking);

1. Application of Acts and subordinate statutes to photographs which refuse to measure drinking;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, even though there was the record of two times punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the liability for the crime of refusing to measure drinking of this case is not easy, but it is against the fact that there was no criminal history exceeding the fine, and the defendant's age, sex behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment is determined as ordered by considering all of the sentencing conditions shown in the argument of this case, including the defendant's age, sex behavior, circumstances after the crime.