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

On June 3, 2015, at around 00:45, the Defendant was demanded to comply with the alcohol level measurement by inserting alcohol meters four times from around June 3, 2015 to around 02:06, on the road in front of the Seongbuk-si Masan Elementary School located in Changwon-si, the Defendant was in compliance with the alcohol level by inserting alcohol meters four times from around 01:20 on June 3, 2015, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling alcohol while driving a horse in front of the Seongbuk-gu Mari-si on the road.

Nevertheless, the Defendant, who was in the form of a drinking measuring instrument, avoided it, and did not comply with a police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of enforcement officers;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Feb. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;