A defendant shall be punished by imprisonment with prison labor for up to 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 August 14, 2015, the Defendant, while under the influence of alcohol on August 19:19, 2015, driven a C Poter freight vehicle owned by the Defendant and parked the said vehicle at the D D parking lot in the front city at the front city, and took a bath to E, etc. who is working to move animals at the said place without justifiable reasons.

At around 19:56 on the same day, G during the police box of the Jeonjunan Police Station, which was dispatched after receiving a report of 112 that drinking drivers and vision drivers had been on the same day, confirmed that the Defendant had observed a parking by driving of the said cargo vehicle from the reporter, and that there was considerable reason to suspect that the Defendant had driven while under the influence of alcohol, such as smelling and drinking on the face, and drinking.

Nevertheless, the Defendant continued to refuse to comply with the demand of the police officer for a so-called so-called “breath test” by the above police officer for a so-called “breath test” during the period of 30 minutes from around the same day to around 20:26 on the same day.

As a result, the defendant did not comply with the drinking test of a police officer without any justifiable reason, even though there is a considerable reason to recognize that he was driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to investigation reports (such as refusal of sealing);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend a lecture, is at the Jeonju District Court on July 4, 201.