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 27, 2019, at around 01:55, the Defendant: (a) received 112 report from the Defendant in the Defendant’s residence located in Gandong-gun, Gandong-gun, stating that “the Defendant driven a vehicle C while under influence of alcohol,” and was judged to have a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as drinking and smelling the Defendant from E during the police box belonging to the Gandong-gun Police Station, and that there was a reasonable reason to believe that the Defendant was driving under the influence of alcohol, such as making a red booming, etc., and was demanded to comply with the measurement of alcohol by inserting the drinking measuring machine into several times from around 02:30 to 03:15 on the same day.

Nevertheless, the defendant, by refusing to put the whole breath in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the use of a drinking gauge, report on the situation of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Each photograph attached to a report on internal investigation in the police; and

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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 under Article 62-2 of the Probation Criminal Act is that the defendant was sentenced to suspended sentence due to drunk driving, so the defendant's previous conviction requires strict warning to choose imprisonment. However, although the defendant used substitute driving from Daegu to Daegu, it is argued that he driven a short distance at the entrance of an apartment complex, his depth is against the defendant's age, occupation and family relation, etc., the execution of the sentence is suspended on condition that probation is imposed, considering the circumstances such as the defendant's age, occupation and family relation. It is so decided as per Disposition for the above reasons.