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 this judgment becomes final and conclusive.

Punishment of the crime

At around 05:50 on 22, 2015, the Defendant was on board the said car stopped in a state where the time of the EK7 vehicle stops under the influence of alcohol due to the influence of blood alcohol in front of Dmatet located in Gumi Si, Gumi on the road. At the time, the Defendant’s horse is not correct, the Defendant’s face is large, and the face is red, and the drinking reaction is at the influence of alcohol, and the Defendant was under the influence of alcohol, and the Defendant was required to take a alcohol test from the slope belonging to the F police box, and refused to comply with the request for a alcohol test.

Then, the Defendant was requested from the F police box located in the same Dong from 06:00 to 06:25 on the same day to comply with the alcohol level measurement three times from the above G, but the Defendant avoided it and refused to comply with the police officer’s request for the alcohol level measurement without good cause.

Summary of Evidence

1. The second oral statement of the defendant;

1. The part concerning H's telephone statement among the prosecutor's interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to a report on the statement of the situation of a drinking driver, report on internal history, photograph, and the ledger of use of a drinking measuring instrument;

1. Relevant Article of the Act and Article 148-2 (1) 2 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., punishment for suspended execution due to the same criminal conduct, and the actual driving before the crime was committed) (i.e., the record of punishment for suspended execution due to the same criminal conduct, the record of the judgment, the record of driving before the crime was committed. However, since 2009, the person appears to have lived faithfully without the previous crime, and (ii) there appears to repent his mistake while making a confession of the crime late, and (iii) other factors such as the defendant’s military service relationship

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;