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 April 9, 2012, at around 23:30 on April 23:30, 2012, the Defendant was demanded by D to respond to the measurement of drinking by inserting approximately 30 minutes of a drinking measuring instrument to a policeman affiliated with the above C police box.

At around 23:15 on the same day, the Defendant driven a NAS car on the road in front of 306 Cheongsong Village apartment in the same Dong, and there was considerable reason to recognize that the Defendant was under the influence of alcohol, such as the face with red and smelling.

Nevertheless, the defendant avoided drinking so that he 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. Each legal statement of witness D, F and G;

1. Investigation report (the relative investigation of a vicarious driving engineer);

1. A copy of the ledger of use of a drinking machine, and a report of 112 crime;

1. Application of Acts and subordinate statutes to photographs of refusing to take a breath test and photographs of suspect driving;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The assertion and judgment of the accused and the defense counsel under Article 62-2 of the Criminal Act for probation, community service or education;

1. The argument that the defendant was not arrested as an offender in the act of drinking-driving, so the act of having a relation to the district while the defendant was faced with the wall constitutes an illegal arrest, and the act of demanding a drinking test under an illegal arrest is also illegal and thus the defendant cannot be deemed to have a duty to comply with it. Thus, the defendant's refusal of drinking

2. Determination

(a)the police officer, in his own condition or another person in the state of drinking, with reasonable judgement on the water hand and other surrounding circumstances;