A defendant shall be punished by imprisonment for not more than ten months.

However, 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 July 21, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, smelling on the face, booming 2-year village hall in front of the Dalgallon hall located in the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on July 21, 2015, immediately after driving a motor vehicle through a gallon, who was dispatched after receiving a report on driving a motor vehicle immediately after driving the motor vehicle, while driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and subparagraphs 2 and 44 of Article 14-2 of the Road Traffic Act applicable to the facts constituting an offense, and Articles 148-2 and 144 of the same Act applicable to the selective punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant and his defense counsel's assertion on the protection observation, order to attend a lecture, and the claim of the defendant and his defense counsel under Article 62-2 of the Criminal Act. The defendant reported the defendant who gets home immediately from the car and driven a drinking, and affixed a photograph on a mobile phone with a cell phone, and reported the defect, puts the defendant into the driver's seat, so he did not drive a drinking, and the defendant did not fall under the "motor vehicle driver" who should comply with the request for the measurement of drinking.

The argument is asserted.

However, according to the overall purport and contents of consistent statements made by E in an investigative agency and a court, it is sufficient to recognize the fact that the defendant did not respond to a request for alcohol alcohol measurement by a traffic control police officer who was driven a motor vehicle while under the influence of alcohol by the defendant.

an original alcoholic beverage.