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 June 17, 2019, the Defendant was required to comply with a drinking test by inserting approximately 30 minutes of alcohol while driving a drinking-free motor vehicle in the south-gu, South-gu, 52 o-ro 7 and the "effective automatic public parking lot" under the influence of alcohol in the south-gu, and the “effective automatic public parking lot”. The Defendant was required to comply with the drinking-free test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument while driving a motor vehicle in the south-gu, Seoul under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, such as refusing to take a alcohol test, “I have moved to a Dog.” and “I have to know why I have not driven while driving. I have to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of his/her oral statement, and investigation reports (report on the state of his/her oral driver);

1. Article 148-2(1)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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;