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

1. On June 16, 2018, the Defendant, while under the influence of alcohol 02:20% from blood, driven a dra vehicle at a section of about 2 km from the front of the 2km of the Mannam-si Mannam-si Hyundai Apartment Distance of Neungnam-si to the road in front of the same Gu C.

2. On July 6, 2018, the Defendant was under the influence of alcohol, such as smelling and smelling red light on the face, from a slopeF belonging to the Sungnam Police Station E Zone, while driving a D radar car at around 03:45, Sungnam-si, Sungnam-si, and under the influence of alcohol, while driving the D radar car at around 03:5,00, while drinking.

There was a reasonable reason to determine a person, and from 04:00 on the same day, there was a demand to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times during the same day.

Nevertheless, the Defendant, by explicitly refusing to take a drinking test, failed to comply with a police officer’s request for a drinking test without justifiable grounds, by avoiding it by means of “do not take a drinking test.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Notification of the results of regulating the driving of drinking alcohol, the statement report on the circumstances of each driver of drinking alcohol, and the application of statutes to the ledger of measuring instruments for drinking alcohol;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of drinking), 148-2 (1) 2, and 44 (2) (the point of refusing to measure drinking) of the Traffic Act, and each choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The fact that the reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is not only one month but also one month after the defendant was punished due to driving under drinking, and thus, the crime of refusing to measure drinking is not subject to the punishment, but the defendant's mistake is against the defendant.