A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 6, 2014, at around 21:52, the Defendant, while driving a 4rd line road in the front of the “C” in Gwangju Northern-gu, Gwangju, made a false statement to a slope G belonging to the F Zone of the Gwangju Northern Police Station, who was called upon receiving a report, while driving a 4rd line road in the front of the “C”, and driving a 4rd line of the D highest-pon vehicle, and sent a traffic accident corresponding to E, which he was driving, and was arrested as an flagrant offender.

Since then, at around 22:30 on the same day, the Defendant was required to comply with the drinking test by inserting approximately 75 minutes in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as drinking, smelling, snicking, smelting, etc. from the above G, at the traffic survey department office of the Gwangju Northern Police Station located in 172, Seo-gu, Gwangju, Gwangju.

Nevertheless, the Defendant, who did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to refusal of a negative measurement)

1. A copy of the report on circumstantial statements of a drinking driver and the usage register of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to photographs that refuse to measure alcohol;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. are favorable to the following: (a) the Defendant committed a traffic accident at the time of the crime in this case and attempted to change the driver; (b) the Defendant divided and reflects his mistake; and (c) the Defendant did not drive under the influence of alcohol on or around August 2010.