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

Punishment of the crime

On October 19, 2014, at around 06:45, the Defendant was required to comply with a drinking test by inserting a breathous and snow-free question of H in the course of the Daejeon Seo-gu Seoul Metropolitan Police Station G District G District, which was dispatched to the Defendant, on the ground that: (a) the Defendant driven a vehicle of 1301, a drinking on the front side of the relevant underground parking lot to the said parking lot; (b) driven a vehicle of KS7 to the said parking lot; (c) obstructed and stopped the entrance of the said apartment at the entrance; and (d) was reported to the said apartment resident F to the said apartment; and (c) was able to drink a drinking in the driver’s seat while drinking at the driver’s seat, on the ground that the pedestrian’s age was fluent and fluent, and that the pedestrian’s face, face, and snow was fluent, and that the drinking smell was fluored for about 20 minutes of drinking.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. The police statement concerning F;

1. Inquiry into the result of the crackdown on drinking driving;

1. Photographs;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Determination on the assertion that discretionary mitigation is favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances)

1. The gist of the defendant's assertion is that the defendant's request for the measurement of alcohol was made in an illegal arrest by the police station G district of the Daejeon Western Police Station, so the defendant's request for measurement of alcohol was also made in an illegal arrest. Therefore, even if the defendant refused to comply with such request, the defendant's refusal

2. Determination

(a) The police officer of the relevant legal doctrine may cause danger and injury to his or another person’s life, body, and property due to drinking, with reasonable judgment on the water hand and other surrounding circumstances.