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

On November 5, 2018, around 05:40 on 05:40, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument three-minutes around 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a suspicion of drinking while driving a motor vehicle with DenzE220d, while drinking alcohol, and making a notification of the suspicion of drinking at the scene while driving a motor vehicle with DenzE20d, and making it on the face from F of the police box of the king Police Station, which called the scene.

Nevertheless, the Defendant alleged that he did not drive a vehicle, 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. The police statement concerning G;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has the record of being sentenced to a fine twice due to drinking alcohol driving and one time due to refusal to measure drinking, and a fine to refuse to measure drinking is relatively recent.

In addition, the suspension of the execution of imprisonment with prison labor for crimes of different types.

Nevertheless, the Defendant again committed a crime of refusing to measure alcohol in this case.

However, the defendant seems to have led to the confession and reflect of the crime.

There is no excess of fine due to the same crime.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.