A defendant shall be punished by imprisonment for six 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 April 1, 2017, the Defendant, while driving a B Poter on the road in front of the 283 Nowon-gu Seoul Special Metropolitan City Nowon-gu Police Station, Nowon-gu, 283 Nowon-gu Police Station, was under the influence of alcohol, and was drunkly driven by the Defendant, such as smelling on the Defendant’s entrance and snicking on the face.

Although police officers D belonging to the Nowon Police Station C of the Nowon Police Station requested to take a drinking test, it was rejected three times between about 20 minutes without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the statement of the circumstances of drivers of drinking alcohol and the measurement status;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed the instant crime despite the fact that he/she was punished by a fine twice due to drinking alcohol driving in the past; (b) the act of refusing to measure drinking without justifiable grounds after driving alcohol is considered disadvantageous to the Defendant; and (c) the Defendant recognized the instant criminal facts and commits the instant offense against the wrongness of the Defendant; and (d) considering the circumstances favorable to the Defendant, the punishment should be determined by taking account of the fact that the nature of