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 November 19, 2014, at around 02:10, the Defendant: (a) had reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as smelling alcohol at around 100 meters from a distance of about 100 meters from the front line of the said restaurant to the front line of the relevant police station of the Ulsan East Police Station located in D, the Defendant, at around 02:10, around 02:10, after drinking alcohol at the C restaurant located in Ulsan-gu B, Ulsan-gu, the Defendant failed to comply with a request for a alcohol test by a police official, without justifiable grounds, even though the Defendant was required to comply with the alcohol test by inserting approximately 30 minutes from the slope G to 02:49 on the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes on photographs concerning refusal to measure drinking;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing is that the defendant was discovered while driving again under the influence of alcohol even though he was punished two times, and did not comply with the request of the police for the measurement of drinking.

However, in consideration of the fact that the defendant is recognized to commit a crime and the accident has not occurred even though it was committed, the punishment shall be determined and sentenced as per the disposition.