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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 9, 2018, the Defendant received a report from a police officer D belonging to the Gangseo-gu Police Station C district unit in the Gangnam-gu Police Station, on the ground that there was a driver suspected of driving under drinking, such as driving a vehicle in the vicinity of the new elementary school located in the north-ro 160, after driving the vehicle, and viewing the motor vehicle from the vehicle in a big distance, and driving under the influence of alcohol.

At the time, the police officer was driven under the influence of alcohol by the defendant in light of the following: (a) the state of the defendant who has his eye divided into a horse and breath and scarbed red on the face and the result of the measurement by the drinking blag is marked with red colors; and (b)

have reasonable grounds to determine that there is a reasonable

The court determined that the defendant's 12:50 on the road above the same day, and requested the defendant to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument several times at the district unit of the Gangnam Police Station in Gangnam-si E around that time.

Nevertheless, the defendant has no name and resident registration number, and whether he/she controls with 10 meters of driving.

“A police officer may not do so,” “borths will not do so,” and “borths will be police officers;

The court explicitly rejected the above request by means of expressing the intention of refusal, etc., and did not comply with the police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A list of the receipt of reports on a comprehensive situation room;

1. Images A’ refusal to measure drinking;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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