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 two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 4, 2019, the defendant, around 02:33, driven a motor vehicle with C low-priced car while drinking the front road B at around Busan Metropolitan City.

The Defendant was demanded from 03:08 to 03:21 on the same day to respond to the measurement of alcohol by inserting the breath in a police box E box of the Myeong Police Station E, which is located in Sinsan City D, from F.

Nevertheless, the Defendant avoided this and did not comply with the police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report (including photographs attached thereto);

1. Application of Acts and subordinate statutes to each ledger on use of drinking meters, and reports on the actual state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) under Article 62(1) of the Act on the Suspension of Execution, denying that a person did not drive after having been involved in a sudden injury in the course of sentencing; (b) refusing to take a drinking test; (c) having the record of being punished due to obstruction of performance of official duties; and (d) the light of reflectivity; (d) the person requires a strict warning; and (e) the person who did not have any record of punishment due to a drunk driving; and (e) the execution of the sentence