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 September 21, 2018, around 15:15, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument three-minutes from C, the Gyeongsan Police Station B, for about 15 minutes from around 15 minutes, on the ground that there are reasonable grounds to recognize that the face was red on the front side of the Jinjin Public Security Center 4, a 16-lane, a red, and that the walking is unstable.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the report on the de facto statement;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Imprisonment with prison labor chosen to punish the offender (the person recommits the offender even before the same type of punishment);

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

1. Article 62 (1) of the Criminal Act (i.e., confession, accident not, scraping, and not re-offending) of the suspended execution;

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