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 September 29, 2013, the Defendant, while driving a knife vehicle B while drinking on the road near the Jeju Bknife, located in the Jeju branch of the budget Eup of the Chungcheongnam-gun, was dispatched to the Defendant after receiving a report that the vehicle driven by the Defendant is suspected of driving under influence of alcohol, and the Defendant’s speech and behavior of the Defendant from D and E, a police officer belonging to the C district unit of the budget police station, driving the knife the above knife of the knife vehicle that was driven by the Defendant, was able to recognize that the Defendant driven under the influence of alcohol, such as the knifeing of face, and the knife of the knife, it was demanded to comply with the drinking test by inserting it into a drinking measuring instrument over about 22 minutes.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes on site 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture has already been sentenced to a fine and a suspended sentence due to a violation of the same kind of Road Traffic Act on several occasions, and in particular, the act of drinking driving under the Road Traffic Act should be strictly prohibited for the order of road traffic and the safety of traffic participants, and the act of refusing to take a drinking level is a legitimate public authority.