A defendant shall be punished by imprisonment for not less than eight 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 February 10, 2019, at around 22:04, the Defendant: (a) received 112 report from “C,” which read that “A had been driven by a male while driving a drunk and drunkly”; and (b) made a statement from “A” to the head of the police box affiliated with the police box called “A”, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting all three times in total, on the grounds that there are reasonable grounds to recognize the Defendant to have been driven under the influence of alcohol, such as “F, who directly observed a drunk to drive a drunk.”

Nevertheless, the Defendant continued to refuse to put the part of a drinking measuring instrument into the drinking measuring instrument, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, notification of the results of the control of drinking driving, refusal to take measurements and photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as the order, taking into consideration the following factors: The defendant's age, character and conduct, the environment, the circumstances leading to the instant crime, the circumstances after the instant crime, and other various conditions of sentencing specified in the records and arguments, which are favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: