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 March 21, 2014, around 21:30, the Defendant was demanded to take a drinking test by driving CK5 cars in the state of alcohol from around 1km to around 643, from the slope belonging to the police box sent by a drunk person upon receipt of a 112 report that he/she is driving the said vehicle, and he/she was under the influence of alcohol from around 21:30 to around 643, the Defendant was under the influence of alcohol at around 21:30, the Defendant was in the influence of alcohol, and he/she was under the influence of alcohol from around 21:34 to 21:56 of the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A report on the actual state of running a motor vehicle;

1. The user ledger of the measuring instruments for drinking;

1. Application of the photographic Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant among the grounds for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considerations, etc. favorable to the defendant among the reasons for the suspension of execution);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., committed again the crime of this case, even though the criminal record of the same kind of sentencing was three times, in particular, the crime of violation of the Road Traffic Act in 2006 was sentenced to the suspension of the execution of six months. However, the defendant's act was committed, but there was no record of punishment exceeding a fine since 2006, there was no record of punishment exceeding a fine, support for young children, the defendant's age, character and behavior, environment, motive and crime.