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 November 18, 2015, the Defendant: (a) while driving a cargo vehicle B with B while drinking alcohol on a super-high distance in the Seocho-gu Seoul Special Metropolitan City Seocho-gu, Seoul Special Metropolitan City on 22:40 on November 18, 2015; (b) was diving the said cargo vehicle on the above long-distance short-distance Sheet.

Therefore, the police officers belonging to the Modern Police Station C District, which received the report 112, confirmed that D opened the door of the above cargo vehicle and snicking the Defendant with severe drinking, confirmed whether or not drinking was drinking by shaking the Defendant, and became a voluntary accompanying to the C district located in Chungcheongnam-gun of Chungcheongnam-gu, Chungcheongnam-do for the purpose of the measurement of drinking, due to the decrease of drinking conditions.

The Defendant driven from around 23:16 to 23:58 on the same day, while under the influence of alcohol in the said district.

Although there are reasonable grounds to determine a person, the police officer D was requested to take a drinking test on four occasions by putting the measuring instrument into a drinking measuring instrument, the police officer failed to comply with a police officer's request for a drinking test without justifiable grounds, not to put the measuring instrument into a drinking measuring instrument, but to avoid a drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of control, a report on detection of the driver involved in the driving, and a statement of the circumstances of the driver involved in the driving;

1. Application of Acts and subordinate statutes to field and photographs refusing to measure drinking;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant's reason for sentencing Article 62-2 of the Criminal Act refuses to measure drinking without any justifiable reason. This act is an unfavorable circumstance to the defendant that the necessity of punishment is high, and the defendant confessions and reflects the crime of this case, and a stay of execution within the last ten years.