A defendant shall be punished by imprisonment for six 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 September 24, 2015, at around 02:08, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 37 minutes (round 03:30, around 03:42, around 03:54, around 04:07) from a slope F, while driving a crop vehicle in the front of the crop in the Yongnam-gun, the Defendant was under significant grounds to recognize that the Defendant was under the influence of alcohol, such as heavy snow snowing and breathing snow, etc. while driving a dystren vehicle in the state of drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes governing evidence photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Criminal Act appears to have been divided by mistake of the defendant; the defendant again desires not to drive drinking again in the future; the defendant has no record of criminal punishment heavier than that of the previous fine; and the defendant's age, character and conduct, environment, and circumstances before and after the crime, etc., which are conditions for sentencing specified in the records and arguments of this case, shall be determined as ordered by taking full account of all the circumstances, including the defendant's age, character and conduct, circumstances before and after