A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at around 03:45 on June 28, 2017, driven under the influence of alcohol, such as drinking alcohol by the Defendant from the C District Rabing D of the Nowon-gu Police Station, Changwon-gu, Seoul Special Metropolitan City, the Defendant driven a erobbbial vehicle from the Dok-ro 16, 24 Dok-ro 16, to the 7 Dok-ro 24 Dok-ro 14 Dok-ro 7 Dok-ro Dok-ro 14, while drinking alcohol on the 30-day Dok-ro 24 Dok-ro.

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole influence of the measuring instrument from 03:58 to 04:13 on the same day.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Investigation report (for suspect A to refuse to measure drinking);

1. Application of Acts and subordinate statutes to photographs at the time of refusal of measurement;

1. Relevant Article of the Act and 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relation, economic situation, and circumstances before and after the commission of the crime.

The crime of this case at a disadvantage: The crime of this case is committed without any justifiable reason by failing to comply with a police officer's request for alcohol testing, and the nature of the crime is inferior, and the defendant again committed the crime of this case despite the fact that he had been punished three times due to the violation of traffic laws on the road. The fact that the crime of this case is recognized as a crime and seriously against