A defendant shall be punished by imprisonment for six 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 6, 2018, around 00:05, the Defendant driven a DMW car under the influence of alcohol, such as the Defendant’s face from C at the border of the police station B of the Song-gu Police Station B, with red and smelling in the entrance, at the front of the Song Women’s Culture Center in Songpa-gu, Songpa-gu, Seoul. 392

Although there is a reasonable reason to determine a person, it was requested to respond to a drinking test by inserting the whole in a drinking measuring instrument three times between about 35 minutes, but it was not proper.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the former driver's overall condition and an explanatory note;

1. Application of video-related Acts and subordinate statutes to video IDs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

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 extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the Defendant committed the instant crime of refusing to take drinking alcohol in spite of the fact that he/she had been punished for driving drinking three times the reasons for sentencing under Article 62-2 of the Criminal Act, the responsibility of the Defendant is heavy.

However, considering the circumstances such as the violation of mistake, the two times of the three same kinds of records are crimes at a more than 10 years, a suspended sentence shall be imposed on the defendant, but community service and lecture attendance order should be added as a measure to prevent recidivism. It is so decided as per Disposition.