A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 11, 2014, at around 00:16, the Defendant was demanded to comply with the drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the Defendant’s entrance from a policeman belonging to the D Zone District District of the Busan Police Station D Zone D, the Defendant, while driving the CK5 vehicle under the influence of drinking on the front of the boom-dong Mansan-dong-dong, Seoyang-gu, Gyeonggi-do.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to the ledger of records of the control of drinking driving, report on the status of drinking drivers, and the ledger of use of a drinking measuring instrument;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Although a suspended sentence under Article 62(1) of the Criminal Act (the above circumstances) is not less than a punishment in light of the fact that the defendant, who has been punished for driving without a license for drinking alcohol for the reason of sentencing and refuses to take a drinking test, he shall be sentenced to the punishment as ordered by the order, considering that the defendant's mistake is recognized and reflects the defendant, that there is no criminal record exceeding a fine due to traffic-related crimes, that there is no criminal record exceeding the fine due to traffic-related crimes, that there is no traffic accident due to the driving of this case, and that there is no traffic accident due to the driving of the