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 March 3, 2013, at around 21:23, the Defendant was required to respond to a request for the measurement of alcohol by a police officer for the measurement of alcohol for about 34 minutes, without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, smelling, sniffing, f, on the face of the Defendant from the slope E belonging to the above police box, and statement that F, who was an on-site witness, was seated with a driver’s seat, at around 34 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. A statement prepared by the F;

1. A traffic accident report;

1. Photographs related to accidents;

1. Photographss of accident scene and photographs refusing to measure drinking;

1. A report on detection of a host driver;

1. Report on the circumstances of an employee;

1. Investigation report (on-site report);

1. The defendant alleged to the effect that he did not comply with a police officer's request for a alcohol alcohol measurement because he did not drive a breath at the time of judgment on the defendant's assertion of investigation report (the submission of a suspect A CD and written agreement), black CD 1, and the defendant's assertion of the defendant and his defense counsel. However, at the time of the accident, F, G, etc., who was a witness at the time of the accident, testified to the police officer at the scene that the defendant appeared to have been present at the time of the accident, and there was a considerable reason to recognize that the defendant was under the influence of alcohol, such as drinking, and inaccurateness of drinking, etc., at the time of the accident, the defendant's act of refusing to take a alcohol measurement by a police officer constitutes a crime of refusal to take a alcohol measurement under

I would like to say.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), the choice of imprisonment with prison labor;

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

1. It shall be several times the previous departments under Article 62 (1) of the Criminal Act;