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

Around 16:20 on April 20, 2015, the Defendant reported to C that “the Defendant driven a vehicle with B gallon B while drinking alcohol at around 13:00 on the same day.” On the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling and smelling on the face, the Defendant was in compliance with the alcohol measurement by inserting approximately 30 minutes from E during the police box of the coastwise Police Station D, which belongs to the coastwise Police Station of the Republic of Korea.

Nevertheless, the Defendant avoided this and did not comply with a request for a drinking test made by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (control of sound driving);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the defendant was punished for drunk driving twice or more, and there are many favorable records of the punishment for the crime related to driving including suspended sentence: The crime of this case does not cause any particular traffic accident; there is no punishment history exceeding the fine after the suspended sentence was sentenced for about 18 years; and the defendant would not drive under the influence of alcohol in the future; and the vehicle provided for the crime of this case was disposed of by the defendant, other than each of the above circumstances, other than the background leading up to the occurrence of the crime of this case, the defendant's age, character and behavior, environment, and conditions before and after the crime.