A defendant shall be punished by imprisonment for 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

On April 28, 2015, around 04:35, the Defendant driven a B-ro car while drinking alcohol on the front side of the Young High School located in the north-gu Incheon High School at 107, Northbuk-gu at the port.

Since there are reasonable grounds to recognize that D was driven under the influence of alcohol by drinking alcohol, such as smelling alcohol to the defendant and snicking on the face, etc., by a police officer belonging to the coastwise Police Station C police station in receipt of a report, the Defendant requested D to comply with a drinking test by inserting approximately 37 minutes in a drinking measuring instrument, but the Defendant refused it and failed to comply with a request for a drinking test made by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report and photographs showing the circumstances of the driver;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the fact that the records of punishment for drinking driving are two times: The fact that the traffic accident is not caused, the fact that there is no other force of punishment except the previous conviction for which a fine has been imposed, and the fact that the error is against