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

At around 04:00 on April 26, 2015, the Defendant: (a) driven a B low-speed motor vehicle while drinking alcohol, and was driven at the SM7 motor vehicle heading at the SM7 department room in the front of the police official’s request for a drinking measurement for approximately 26 minutes by avoiding it without justifiable grounds, while driving at the SM7 motor vehicle heading at the SM7 department room in the front of the driver’s vehicle at the front of the above high-speed motor vehicle; and (b) there is considerable reason to recognize that the Defendant was driven under the influence of alcohol by drinking, such as smelling alcohol on the face of the 112 report at the time; and (c) there is a reasonable reason to recognize that the Defendant was driven under the influence of alcohol by drinking, and thus, the Defendant did not comply with the demand of the police official for a drinking measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in each of the reports on detection of drivers, reports on the statement of the situation of running a driving a motor vehicle, and photographs of non-measurement of alcohol;

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 (including the fact that there is no criminal record other than the fine, and the fact that it is against the punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;