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.

Punishment of the crime

On January 24, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling at the Defendant’s entrance of the police box C for the police box of the Jinhae Police Station C, which was called out after receiving a report while driving the motor vehicle under the direction of 3, South Heung apartment house, and the motor vehicle under the direction of BV city, at the time of Changwon on January 24, 2018, while driving the motor vehicle under the influence of alcohol, such as a booming horse.

There is a reasonable reason to determine a person, and thus, it was refused to take a drinking test on four occasions between about 16 minutes, because it was requested to take a drinking test by inserting the whole in a drinking measuring instrument, and it was refused to take a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver of a drinking alcohol, a drinking photograph, and a ledger using a drinking instrument

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing of Article 62-2(1) of the Criminal Act on the grounds of serving community service and attending lectures is not good, such as refusing to comply with a police officer's request for lawful drinking measurement, and there is a record of being punished by a fine for one time due to drinking prior to the instant case.

However, the defendant seems to have an attitude to reflect by recognizing his mistake.

No defendant has been sentenced to a fine or more severe punishment.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, background leading to the crime, and circumstances after the crime.