A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, around 00:10 on February 21, 2014, is driving a DoLPG charging station located in Soyang-gu, Sonyang-gu C while drinking alcohol on the front side of the DoLPG charging station.

Since there are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as taking the central separation unit and falling down at a waterway on the right side of the road and smelling from G of the Goyang-gu Police Station, which was dispatched upon receipt of the report, by the Defendant, smelling from the police box belonging to G of the Goyang-gu Police Station, making a little snicking and snicking on the face, etc., the person was demanded to comply with the drinking test by inserting the breath of a drinking measuring instrument three minutes at around 00:39 on the same day.

Nevertheless, the defendant did not comply with the request for a sobling test by a police officer without a justifiable reason by spiting or spiting a drinking measuring instrument in a manner that spits or spa

Summary of Evidence

1. Each legal statement of G and I;

1. A report on the actual status of a host driver;

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

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting the crime.

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered in relation to excessive power);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Act on the Order to Provide community service and attend lectures is that the Defendant is suspected of driving under the influence of alcohol, and even though he actually caused a very dangerous accident, such as claiming a mistake by an investigative agency, rather than breaking his mistake, it does not seem that the nature of the crime is inferior,

However, the defendant was sentenced in consideration of the fact that he was sentenced to a fine in the past.

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant alleged that he was unlawfully committed by a police officer to the F police box, and thus, even if the Defendant did not comply with the measurement of alcohol, the crime of refusing to measure alcohol under the Road Traffic Act is committed.