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 August 23, 2013, at around 11:10 on August 23, 2013, the Defendant, after drinking alcohol at the Defendant’s house located in Chungcheongnam-gun B, driven a car with Cmea car owned by the Defendant and driven it to D in the front street, and received the front portion of the E Fpoter vehicle owned by the Defendant and parked in the vicinity.

After that, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, from G District Assistant H, which was called up with the 112 report of the said car, the Defendant’s pedestrian fluencing, face, and eye, and the Defendant was under the influence of alcohol, and thus, the Defendant was not able to comply with the request for the measurement of alcohol without justifiable grounds, by evading from 11:25 to 12:04 on the same day, even though he was required to comply with the measurement of alcohol for a total of four occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of the vehicle destruction, photograph, denial of measurement, and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous offense of drinking alcohol driving, the risk of drinking alcohol driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act that intends to strengthen the punishment for drinking alcohol driving: The defendant does not have any previous offense exceeding the fine; the defendant reflects his/her offense; and other circumstances, including the defendant's age, character and behavior, occupation, family environment, etc., are taken into account;