A defendant shall be punished by imprisonment for one year.

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 June 27, 2018, at around 17:18, the Defendant received 112 report that “the Defendant was assaulted by a taxi engineer” on the front of the Dagyang-si B, and was demanded to comply with the measurement of alcohol by inserting approximately 10 minutes of alcohol in the manner of putting the breath in the breath on the Defendant’s entrance from E, a policeman belonging to the Dogyang Police Station D District of the Mineyang Police Station, who was dispatched to the site, and making it possible to recognize that the Defendant was driving under the influence of alcohol, such as making the brea on the face of the breath, etc.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E’s legal statement (the witness’s statement is relatively clearly memoryed at the time, as well as is consistent with the contents of the statement, and thus, the credibility of the witness’s statement is recognized)

1. Some police officers and suspect interrogation records of each prosecution against the accused;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. When comprehensively taking into account the objective circumstances at the time of a request for a measurement of drinking alcohol by CCTV screen CDs installed in F, and it is evident that it is impossible to confirm whether a driver has driven a motor vehicle, etc. while under the influence of alcohol and it is necessary to confirm whether a driver has driven a motor vehicle, unless it is evident that a police officer cannot confirm whether a driver has driven a motor vehicle by means of an ex post facto alcohol test, and if the driver fails to comply with such request, the police officer's request for a measurement of drinking alcohol and the crime of non-compliance with a measurement of drinking alcohol under Articles 148

On the other hand, the issue of whether there are reasonable grounds to recognize that a driver was driving a motor vehicle under the influence of alcohol is objective, such as the appearance, attitude, and behavior of each individual driver at the time of the request for a drinking test.