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 December 15, 2016, 03:00, the Defendant driven a motor vehicle from the front of the floor of the Choyang-gu's Dong at the time of the Goyang-gu to the front road of the apartment complex 693-1, Suwon-dong 693-1, Suwon-dong 14, the Defendant parked the said motor vehicle at the above apartment parking lot, and fastened the said motor vehicle with the driver's seat.

At around 03:10 on the same day, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and smelling red at the face of the Goyang Police Station C District E and the seat of the police station C District E. at the above apartment parking lot.

인 정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 이를 거부하고, 같은 날 03:39 경부터 같은 날 03:59 경까지 약 20분 동안 고양 경찰서 C 지구대에서 총 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes to photographs at the time of crackdown;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. To reflect the error in sentencing under Article 62-2 of the Social Service Order Criminal Act; to reflect the defendant's history of driving alcohol three times; to take account of the reason why the defendant refused to take measurements and the circumstances before and after the crime;