A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 9, 2014, at around 02:15, the Defendant stopped on the road side with the direction of the police officer E belonging to the Gwangju Northern Police Station D District, who was dispatched after receiving a report from a general citizen to be suspected of drinking a motor vehicle while driving a motor vehicle on the road prior to the Macnc-dong in Gwangju Northern-dong.

As there are reasonable grounds to recognize that a police officer was driving under the influence of alcohol, such as a red light at the time’s face, the Defendant has been requested three or more times to comply with a drinking test by inserting the whole breath in a soblier, and on the other hand, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds on the ground that he/she did not drive his/her vehicle by 03:02 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Jun. 1, 2006)