A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 22:50 on August 25, 2013, the Defendant, at the office of the accident investigation department of the Yangsan Police Station located in Yangsan-si, failed, without justifiable grounds, to comply with the alcohol measurement for about 30 minutes on three occasions, even though the Defendant was required to take the alcohol measurement by inserting the alcohol measuring instruments from E in the traffic survey direction of the Yangsan Police Station at the same time, while driving the Dan-si in front of the legal intersection mark of the same city located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. A photograph refusing measurement;

1. Application of Acts and subordinate statutes of a report on circumstantial statements of police officers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. In light of the fact that a traffic accident is committed and a drinking alcohol measurement is not complied with in the reason of sentencing under Article 62-2(1) of the Criminal Act, considering the fact that there is a criminal record for the same kind of crime, etc., a vehicle is scrapped after the accident of this case while the execution of the above punishment is suspended by taking into account the fact that it was the last time 2005 years from the previous one, etc., the probation and compliance driving lecture added the order to attend the above punishment.