A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2018, around 08:50, the Defendant moved the D Poter Cargo Vehicles while working for a trial due to C and parking problems on the front of Nowon-gu, Seoul Special Metropolitan City.

Since then, the Defendant: (a) was aware of his driving by police officers F and G belonging to the Seoul Nowon Police Station E District; (b) the Defendant’s eye and face is shocked; (c) the Defendant’s walking condition is divided into two parts; and (d) was driven under the influence of alcohol, such as a big distance.

On July 1, 2018, from around 09:30 on July 1, 2018 to about 20 minutes from the above F and G, it was required to comply with the alcohol testing by inserting the whole in a drinking measuring instrument three times for about 20 minutes, but the above F, etc. refused to take the alcohol testing by "I must not know".

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the detection of drivers working at the main place, a report on the circumstances of drivers working at the main place, an investigation report (report on the circumstances of drivers working at the main

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a lecture or an order to attend a community service order has the history of being punished several times due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, and even if he/she had been in the period of suspension of execution, driving drinking and refusing the request for measurement of drinking, so it is inevitable

However, after 2010, there are no history of driving alcohol, and the reason why driving alcohol is to be taken into account, such as moving a short distance of 2 meters for parking while an acting engineer was driving and arrived at the place of his/her residence, etc., the punishment shall be determined as ordered in consideration of the circumstances such as the fact that there is no history of driving alcohol, and the reflection of it