A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around 18:10 on June 16, 2016, the Defendant driven a vehicle at a time in B while under the influence of alcohol of about 0.271% of the blood alcohol concentration on the roads near the new flag village located in the Magdong-ri, Chang-gun, Chungcheongnam-do.

2. On June 20, 2016, around 07:28, the Defendant: (a) was under the influence of alcohol in the state of being on board the driver’s seat of B while under the influence of alcohol in the vicinity of the northwest-ro 12-ro 12, dong-ro, Chang-gu, Chang-gu, Seoul; (b) there is considerable reason to suspect that the Defendant was under the influence of alcohol, such as smelling from the Defendant, snicking on the face, and snicking on the face; and (c) was arrested by the police officer dispatched to the site as an offender in the crime of violation of the Road Traffic Act, and became under the control of C district after being arrested as an offender in the crime of violation of the Road Traffic Act.

After that, the Defendant was demanded from 07:57 to 08:27 on the same day to respond to the measurement of alcohol by inserting it into a drinking measuring instrument three times from D in the circumstances where the C District was affiliated with the C District, on three occasions.

Nevertheless, the defendant did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written report on driving under the influence of alcohol drivers, inquiry into the results of the crackdown on driving under the influence of alcohol, investigation report (Evidence No. 8), photograph explanation, and circumstantial statements of drinking drivers;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the order to provide community service and attend lectures.