A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 13, 2016, at around 01:09, the Defendant driven under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance from D in the process of the traffic safety department at the Seoul Gangnam Police Station, which was dispatched to the Defendant after receiving a report from C’s 112 that the Defendant would be suspected of driving BAD 6 vehicles, at the underground parking lot of Gangdong-gu Seoul, Gangdong-gu 97-ro 20, Gangdong-gu, Seoul (Seoul) and the Gangwon-do 10-gu 10, the Defendant driven under the influence of alcohol, such as red.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant did not drive alcohol and avoided it, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

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 under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a previous conviction of drinking, there is a need for strict punishment.

However, in light of the following: (a) the defendant has no criminal record; (b) the defendant reflects his/her depth in committing the instant crime; and (c) the defendant's age, status, sexual conduct; and (d) the circumstances after committing the instant crime, etc., the punishment shall be determined as ordered.