A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 25, 2018, the Defendant was on the road in front of C at Sil interest by driving a motor vehicle with B investment from the neighboring road of the Dine cafeteria at Sil interest City around 02:30, the Defendant was on the road in front of C at Sil interest.

D. A state of alcohol, such as smelling from F to the police box belonging to the Gyeonggi Singu Police Station E box, which was called upon 112 report, while engaging in a mutual dispute with D with him/her, he/she is under the influence of alcohol, such as drinking, drinking, reding, etc. from F.

On May 25, 2018, when there are reasonable grounds to determine a person, the alcohol testing was requested by inserting the whole in a drinking measuring instrument four times from around 02:57 on May 25, 2018 to 03:17 on the same day, but the person did not comply with the measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of progress of the police against D;

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver who is placed in the main place, investigation report (report on the situation of a driver who is placed in the main place), and the

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 of the Criminal Act on May 11, 2012 and each road traffic law violation on September 4, 2013. On August 29, 2014, even though each of the fines was imposed due to the violation of the Road Traffic Act (unlicensed driving) on the ground of the violation of the Road Traffic Act, the instant crime of refusing to measure drinking is deemed to require strict punishment.

However, there is no history of punishment exceeding fines due to the same crime, accidents have not occurred, and the punishment is determined as ordered in consideration of the reflective circumstances.