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

On June 2, 2018, at least 01:58, the Defendant was driving a B high-speed motor vehicle at the entrance of the Independence Hall of Korea located in the Southern-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Republic of Korea reported on 112 that the Defendant is driving a drinking, and did not comply with a police officer’s measurement by refusing it without justifiable grounds, despite the Defendant’s request to comply with a drinking test by up to three times until June 2, 2018, in such a manner that he/she was under the influence of alcohol, due to considerable grounds to suspect that the Defendant was driving a motor vehicle under the influence of alcohol, such as smoking, walking, and walking.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A copy of the usage register of drunks;

1. Making a report on the results of regulating drinking driving;

1. 112Report settlement statement;

1. Application of statutes on field photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records that the Defendant was punished several times, and among them, the Defendant was punished for traffic-related crimes including drinking driving.

Nevertheless, the Defendant driven a motor vehicle after drinking, and did not comply with the demand for the measurement of alcohol.

However, the defendant recognizes his wrongness.

No defendant shall have been punished heavier than a fine.

In addition to these circumstances, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the pleading of this case shall be determined as ordered in consideration of the following circumstances.