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

On July 8, 2016, the Defendant was required to comply with the alcohol test by inserting it into a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Jinju Police Station EF of the Jinju Police Station, the backgroundF of the D TXG, and the slope G with the influence of drinking while driving the D TXG car at the front of the road located in Jinju-si, Jinju-si.

Nevertheless, the Defendant, while stating that “I refuse to take a drinking test by means of one’s own selling,” did not comply with a police officer’s request for a drinking test without justifiable grounds, by avoiding it by means of singing a dog and singing the drinking measuring instrument by hand.”

Summary of Evidence

1. Defendant's legal statement;

1. The application of the circumstantial statement of a host driver, and the application of each photographic statute;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;