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.

Criminal facts

Around 08:42 on April 16, 2019, the Defendant: (a) requested a drinking test on the road in front of the Defendant’s residence in Songpa-gu Seoul, Songpa-gu, Seoul; (b) on the road on which two police officers, such as CSUV vehicles driver, who were dispatched after having received 112 reports, such as TSUV vehicles D, have hot heat on Boss; (c) the Defendant was snicked in Bos; (d) the Defendant was snicking in Bos; and (e) the Defendant could have been driven by his family; (b) based on the reporter’s 112 report, the Defendant demanded a drinking test on the ground that there was a considerable reason to suspect that the Defendant had driven a motor vehicle with drinking alcohol, but failed to comply with the demand for a drinking test by a police officer

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. A report on the actual state of the driver;

1. Control note;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes on evidence video files;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Discretionary mitigation (Considering circumstances favorable to the accused, which are deemed to be for the following reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( repeatedly considering Circumstances favorable to the defendant, which are deemed to be the grounds for sentencing under the following conditions):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is not likely to comply with a request for measurement of drinking alcohol by the police officers dispatched after receiving a report while driving under influence of alcohol, and the quality of the crime is not good.

The defendant has previously been punished by a fine four times as a violation of the Road Traffic Act for a violation of the Road Traffic Act for a drunk driving, but he/she again drives a drunk driving, and has committed the crime in this case which refuses to comply with a request for measurement

In light of this point, it is necessary to strictly punish the defendant.

On the other hand, the defendant is going to enter the house after driving.