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 of the final judgment.

Punishment of the crime

On November 1, 2014, at around 23:12, 2014, the Defendant was required to comply with the drinking test by inserting the breath vehicle into a drinking measuring instrument three times after being arrested as a flagrant offender and sent to the scene after receiving a report of 112 that the Defendant driven a breath vehicle while driving a breath vehicle in front of a vinyl House B located in the Gangseo-gun, the Defendant was in compliance with the drinking test by inserting the breath vehicle into a drinking measuring instrument for three times, on the grounds that there are reasonable grounds to deem that the Defendant driven a breath under the influence of alcohol, such as smelling a smell on the face of the Defendant, while driving a breath vehicle under the influence of alcohol.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A copy of the circumstantial statement;

1. Investigation report (of details, etc. concerning the process of checking whether a person is suspected to drive under the influence of alcohol and driving a police box);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;