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

Around 22:10 on February 16, 2014, while driving a bbppp car in front of the street of Gangdong-gu Seoul Metropolitan Government 173 (Seongdong 408-12), the Defendant was required to comply with a drinking test by inserting the bpact measuring devices between around 22:31 and 22:51 on the same day, on the grounds that there are reasonable grounds to recognize that the police officers had driven under the influence of alcohol, such as the Defendant’s entire face from the Seoul Gangseo-dong Police Station guard and the slope C of the traffic safety system, which was followed by the Defendant who escaped while discovering, and the Defendant was able to have driven under the influence of alcohol, such as walking with a string and walking.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, the details of crackdown, and refusal of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act has a record of being sentenced to three times a fine due to driving under the influence of alcohol for the reason of sentencing, and the probation and community service order may have been imposed to the police who followed the escape by failing to comply with the drinking inspection at the time of the instant case, which may cause significant danger to the escape. In light of the fact that the defendant has no record of being sentenced to imprisonment, there is no record of punishment for the defendant, the defendant is against the defendant, and there is a risk of recidivism in light of the previous conviction mentioned above, the execution shall be suspended, and probation and community service work shall be carried out.