A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On December 10, 2012, the Defendant is a person who had been convicted of driving three times in total, including a fine of five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act (driving) at the Daejeon District Court on December 10, 2012.

[Criminal facts] The Defendant is a company member.

On November 20, 2015, the Defendant was demanded to respond to a drinking test by inserting a drinking-free vehicle for about 30 minutes from E officers belonging to the police station of the Daejeon Daejeon District, who was parked in front of the Daejeon Special Park that was parked in the Daejeon Special Metropolitan City, while driving C drinking-free car in a drinking state on November 20, 2015.

At the time, the Defendant was driven under the influence of alcohol, such as snowing and snowing of a walk.

There was a considerable reason to determine the person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement of control, a report on screen, a report on the detection of the driver at home, and a statement on the circumstances of the driver at home;

1. The provision of Article 148-2 (1) 2 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition by comprehensively taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant; (b) the Defendant has no record of criminal punishment beyond the fine; and (c) the Defendant’s age, sex, environment, etc.