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

Around 23:00 on January 25, 2019, the Defendant, while driving CK7 vehicle on the front side of the apartment house B in a state of drinking on the road, was required to comply with the drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of drinking, such as drinking, drinking along the street, etc. set up at the right side of the road and receiving a report 112, and driving the vehicle from E of the Seongbuk Police Station D Zone D, which called the Defendant, and police officers, and making it possible to recognize that the Defendant driven the vehicle under the influence of drinking, such as smelling on the face, making it difficult for

The Defendant explicitly refused to take a drinking test, 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. Report on the actual state of driving under the direction of the driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver under the direction of the driver

1. Application of Acts and subordinate statutes to the scene of a drinking test, face-to-face photograph;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

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

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, had a record of being punished for a violation of the Road Traffic Act in 2017, but the Defendant committed the instant crime, and the charge was heavier.

The punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant recognized his mistake and did not repeat the crime, the age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc. of the defendant.