A defendant shall be punished by imprisonment for not less than eight months.

except that 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 8, 2016, the Defendant, at around 23:40, driven a 14 km motor vehicle in front of the East Sea Highway at a point of 14 km in the East Sea Highway, was exposed to the police officers C belonging to the Gangwon Provincial Police Agency while the Defendant was driving in the station. There was considerable reason to recognize the Defendant as driving in the influence of alcohol, such as smelling and smelling red on the face of the Defendant, and was demanded to comply with a drinking test by inserting a drinking measuring instrument four minutes in four minutes in the direction of the East Sea Highway.

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and 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. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to a report on investigation (related to acknowledgement of refusal to measure sound);

1. Relevant Article of the Act on Criminal Facts and the Selection of Penalty for Imprisonment with prison labor under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act, including the fact that a person has been sentenced to a fine for a drunk driving in 201 but has no criminal records exceeding

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