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

The defendant, at the Incheon District Court on September 1, 2008, has a record of being notified of a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on February 10, 201, a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 10, 201, and a summary order of a fine of seven million won due to a violation of the Road Traffic Act (driving) at the Incheon Central District Court on September 23, 2013.

On August 28, 2013, at around 21:50, the Defendant was demanded to comply with the drinking test by inserting the breathm measuring instrument into a drinking measuring instrument for about 20 minutes, on the road of the Kimpo-si Construction Co., Ltd. in Yangpo-si, Yangpo-si, and while driving a bMW car in the influence of drinking, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven the bMW car in the influence of drinking, such as smelling the drinking and smelling on the face, etc.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of exploitation;

1. Field control photographs;

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports (the indictments and reports attached to the relevant cases and the summary order, and attaching the same previous criminal records and the summary order);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da144

1. Article 62 (1) of the Criminal Act (the execution of a sentence on condition that community service and lecture attendance order be implemented, considering the preceding circumstances and the fact that the defendant has no criminal record of probation or higher, shall be suspended);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;