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

The defendant is a driver of CA car.

On November 15, 2014, at around 02:13, the Defendant, while driving the said vehicle on the alleyway located in Daegu Suwon-gu, Daegu, brought away from the scene of the accident and went away from the scene of the accident, and rejected the demand of the police officer F of the Daegu Suwon-gu, Police Station E zone for the measurement of alcohol at around 02:49, around 02:59 on the same day, around 02:09 on the same day, and around 03:09 on the same day, the Defendant, upon receiving a demand for the measurement of alcohol at around 03:09 on the same day, failed without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A witness H and I's partial statement in court;

1. A traffic accident occurrence report;

1. On-site map of a traffic accident;

1. A report on the actual state of the driver;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2, and 44 (2) and (1) of the Road Traffic Act that choose the penalty for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The defendant's assertion that he refused a police officer's request for a drinking test; however, the defendant did not drive a drinking, was not a driver at the time of the police officer's request for a drinking test, and was requested to take a drinking test at a place other than the defendant's vehicle. Thus, the defendant's refusal to take a drinking test has a justifiable reason for refusal to take

2. Determination

A. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the Road Traffic Act. In light of the provisions of Article 44 (2) of the Road Traffic Act, the objective circumstances at the time of the request for measurement of alcohol shall