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 May 30, 2016, around 20:53, the Defendant, in the vicinity of the “Dgallon” located in Chungcheongnam-si, had a vehicle moving to F, G, etc. due to the vehicle moving problem parked in a way by blocking the way while driving a gallon vehicle. Upon receipt of a report, the Defendant moved to the neighboring H district along with the police officers belonging to the H Zone of the Chungcheong Police Station.

At around 21:38 on the same day, the Defendant was reported to drive a motor vehicle by a reporter, and there are reasonable grounds to recognize that the Defendant was driving a motor vehicle while under the influence of alcohol by drinking, such as drinking in the body of the Defendant, from the body of the police officer belonging to the foregoing earth, who was requested by J to comply with a drinking test, but rejected it without justifiable grounds, and the Defendant did not comply with the drinking test by a police officer on three occasions more than 21:56 on the same day and more than 2:06 on the same day.

As a result, the Defendant had considerable reasons to recognize that he was driving a motor vehicle, etc. while under the influence of alcohol, and did not comply with the drinking test by a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, and K;

1. Report made under the circumstances of a drinking driver and the ledger of users of drinking meters;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Whether there exists any justifiable ground for refusing to measure drinking, etc. under Article 62-2 of the Criminal Act for community service and lecture attendance order;

1. The summary of the argument was that the Defendant, while driving the Defendant’s vehicle without drinking alcohol at the time of the instant case, was unable to proceed due to a motor vehicle that obstructed the path near “D Innick” located in Chungcheong City C, and thus, the Defendant sent a fake card.