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

On September 5, 2015, the Defendant was driving a Dben sport car in front of the C District located in Daegu Northern-gu, Daegu-gu, at around 04:50, and the Defendant was requested to comply with the drinking test by inserting the body three minutes of the alcohol measuring instrument three times between around 30 minutes, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as a certain string distance, the face from E in front of the said District would be red, smelled from the situation belonging to the said District, and that he/she was driving under the influence of alcohol. However, the Defendant did not comply with the request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. A photograph refusing to measure drinking;

1. Application of Acts and subordinate statutes to investigation reports (as to refusal of noise measurement);

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;

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;