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 January 3, 2015, around 07:20, the Defendant: (a) driven a Brane vehicle from the Do in front of the forest car page in the Cheongcheon-dong, to the road front of the west-dong in the same city. At the time, the said vehicle was damaged by the panfer and was in a state of free trade; (b) there were reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as a red, drinking, incluoring, and an inaccurate state of walking, and a state of walking, such as a string distance. Accordingly, from around 07:51 to 08:23 on April 3, 201, the Defendant was demanded to comply with a drinking measurement by inserting the D Zone in the Do located in Seocheon-si, Incheon-si, in a total of four times from the 07:51 to the 08:23rd.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Application of the Acts and subordinate statutes for photograph explanation;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. The Defendant, who has been sentenced to sentence two times due to drinking driving, committed the instant crime at the same time, is disadvantageous to the Defendant, and the Defendant has led to the confession and reflect of the instant crime, and the Defendant has no previous conviction or heavier than the suspended sentence is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.