A defendant shall be punished by imprisonment for six months.

except that 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

1. Violation of the Road Traffic Act (Refusal of measurement) on December 29, 2012, the Defendant was driving on the road front of the 51-23rd-ro, Mandong-dong, Mandong-dong, Chungcheongnam-gu, Gwangju, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling heavy drinking in the entrance and sniffing on the face, etc., and accordingly, the Defendant did not comply with a request for a alcohol measurement by a police officer without justifiable grounds, even though the Defendant was required to comply with a alcohol measurement by inserting the influence measuring method of inserting the alcohol measuring devices three times from the slope E belonging to the above police station in the Seoul Northern-dong, Gwangju, North Korean-dong, Seoul, by 0:51 to 01:11 on the same day.

2. At around 00:50 on December 29, 2012, the Defendant: (a) sought a request from the victim F (the age of 43) who is a police officer belonging to the foregoing police station from the foregoing police station to comply with a drinking test; (b) the Defendant took a heavy bath to the victim, “this spoppy, opening, police spoppy, spoppy, and spoppy; and (c) the victim, who is a civil petitioner, and multiple police officers, on the place they are observed.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer with respect to F and G, and the statement prepared for H;

1. Application of Acts and subordinate statutes to photographs at the time of measurement of alcohol, such as a report on detection of a drinking driver, a report on the circumstances of a drinking driver;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 31 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been sentenced to a fine due to the crime of drunk driving in the past, he/she was driving his/her motor vehicle in the state of his/her re-driving.