A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On July 3, 2016, the Defendant driven a burner car in front of the Eelway located in Nam-gu, Southern-gu, at the port of port on July 3, 2016, while driving a light car with F lele, while drinking it on the front side of the Eel, and was under the influence of alcohol, such as smelling the Defendant with red light on the face, from H of the G District Guard at the south-gu Police Station at the port south-gu, the Defendant driven it.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 38 minutes into a drinking measuring instrument.

However, the Defendant avoided this and did not comply with a request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to investigative reports (related to attachment of photographs refusing to measure drinking);

1. Relevant provisions of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The consideration of various factors of sentencing indicated in the records, such as Defendant age, sexual conduct, environment, and circumstances before and after the crime, other than the aforementioned circumstances, is given to the following: (a) the police officer under the influence of alcohol, who did not comply with a request for the measurement of drinking alcohol, attempted to conceal driving by drinking alcohol, such as drinking alcohol in a vehicle; (b) the police officer under the influence of drinking, suffered damage to the vehicle by excessive performance of official duties; (c) the suspension of the execution of drinking driving, etc.; (d) the circumstances favorable to the two times: there is no traffic accident; (e) there is no criminal record; and (e) there is no criminal record; and (e) there is against