A defendant shall be punished by imprisonment for six 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

[criminal power] On January 2, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on January 2, 2012, and was sentenced to a fine of three million won for the same crime at the Jung District Court on April 2, 2012.

【Criminal Facts】

On March 27, 2014, from around 01:49 to 02:11 on the same day, the Defendant was required to comply with a drinking test by inserting it into a drinking-free vehicle by inserting it from the public parking lot located in 1015 to the road in 1017 in accordance with the 01:05 of the same day from the public parking lot located in 1015 according to the 01:05 of the same Gu on the same day to the road in 1017 in the same Gu. Accordingly, the Defendant was required to comply with the drinking-free test in a total of three occasions by inserting it into a drinking measuring instrument from the slope D belonging to the transport survey division of the above police station.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Statement statement and report on detection of a host driver;

1. E statements;

1. Photographss of each refusal to measure drinking;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 2 and 4 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Probation Criminal Code is that the defendant, like the first head of the judgment, did not know even though he had been subject to punishment twice due to drinking driving, and caused the contact even after driving at once.