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.

Criminal facts

On April 17, 2014, at 00:45, the Defendant, while driving a B high-speed motor vehicle according to the mountain of 4758, the Sinnam-si, the Sinnam-si, the Sinnam-si, the Defendant suspended the driving of the B high-speed motor vehicle.

At that time, there was a considerable reason to recognize that the defendant was driving a motor vehicle under the influence of alcohol, such as the defendant was making a mixed person on the driver's seat of a low-speed motor vehicle, the blood color was cut off with red, glue and fluored, and the drinking was reduced as a result of a drinking reduction, etc.

Nevertheless, even though the Defendant was requested by an assistant C of the traffic control division of the Sungnam Police Station to comply with a drinking test by inserting the breath of alcohol in a total of three times on April 17, 2014 and around 00:35 and around 00:45, the Defendant failed to comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes to photographs of field measures;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. In full view of the favorable circumstances, such as the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order had two times the criminal history of the same kind of drinking driving crime, and at the same time, the defendant committed a crime in violation of the Road Traffic Act (recognition refusal) of this case, but on the other hand, there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, character and behavior, environment, family relationship, etc., the defendant shall be sentenced to imprisonment within the statutory penalty that has been mitigated.