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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On September 25, 2012, at around 20:50 on September 25, 2012, the Defendant was required to respond to a drinking test by inserting alcohol into the D Zone of the Chuncheon Police Station from around 21:10 to 21:50 on the same day by inserting alcohol while drinking at the front of an agro-industrial complex in front of the Chuncheon Police Station, and making a drinking while patroling the place where the drinking was done, from the entrance of the guard and traffic of the Chuncheon Police Station, and from the situation under its jurisdiction C, etc., the Defendant was found to have driven while drinking.

Nevertheless, the defendant refused to put the breathm in a proper manner, and failed to comply with the police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the report on the situation of a drinking driver, a photograph refusing to measure drinking, and a copy of the usage register of a drinking

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It shall be decided as ordered on the grounds of probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act ( Taking into account that the accused is subject to criminal punishment of a fine twice due to drinking run);