A defendant shall be punished by imprisonment with prison labor for up to 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 10, 2016, the Defendant: (a) driven under the influence of alcohol, such as a string distance, etc., when he was reported by the Defendant on the front side of Heung-gu, Chungcheongnam-gu; (b) on July 10, 2016, at around 03:27, the Defendant 112 reported that the Defendant was able to pay a trial fee; and (c) was driven by the Defendant under the influence of alcohol by the Defendant,

When a person receives a demand for a drinking test by inserting the whole in a drinking measuring instrument due to reasonable grounds to determine a person, he/she will comply with the demand for a drinking test by making it difficult for the person to do so.

In addition, even if a police officer was requested to take a second alcohol test after moving to the zone, he/she did not comply with a police officer's measurement without justifiable grounds, such as refusal to take a second alcohol test at around 03:34 on the same day, refusal to take a second alcohol test at around 03:48, refusal to take a second alcohol test at around 03:58, refusal to take a third alcohol test.

Summary of Evidence

1. Each legal statement of witness F, G, H, I, and E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of the police statement related to G;

1. Each statement of G, H and I;

1. An explanatory note;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Drinkics and photographs of drinking, and the making of a whistle;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding community service and lecture attendance order

1. Voluntary accompanying of the defendant and his defense counsel to the defendant is illegal, and the request for the measurement of drinking is also illegal under illegal arrest.

2. The voluntary will of the suspect is recognized solely by the suspect, such as where the judge knew that the suspect could refuse to accompany while accompanying the suspect in the course of the investigation to the investigative agency, etc., or the suspect accompanied could freely leave or leave the accompanying place at any time.