A defendant shall be punished by imprisonment for six 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

Around 00:12 on June 15, 2013, the Defendant avoided driving of C SP car on the front 40, Seocho-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul. While driving, there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, and reding on the face, the Defendant was demanded from around 00:12 on June 15, 2013 to around 00:33, to put in the drinking measuring instrument in a manner of inserting the whole in a drinking measuring instrument three times at the above place, but the Defendant avoided from entering the drinking measuring instrument at the office of the Seocho-gu Police Station Traffic Investigation Team at the request of the Defendant, and avoided from 0:50 on June 15, 2013 to 201:50 on June 15, 2013, the Defendant avoided from entering the drinking measuring instrument in a way of taking a drinking measuring instrument.

Accordingly, the defendant did not comply with a police officer's request for a alcohol test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes governing enforcement manuals;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure sound and the choice of imprisonment);

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

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

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is driving under the influence of drinking.

In light of the fact that the police did not comply with a legitimate request for measurement of alcohol, the defendant committed again the same kind of crime even though he had a history of criminal punishment four times due to drunk driving or unlicensed driving, etc., however, the nature and circumstances of the crime are not good. On the other hand, the defendant was committing the crime of this case, and the defendant did not have a criminal record exceeding a fine.