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 becomes final and conclusive.

Punishment of the crime

On April 26, 2017, the Defendant driven the said car under the influence of alcohol, such as smelling to the Defendant from G while under the influence of alcohol by the police box belonging to the Haak-gu Police Station of the Chungcheong Donsan, which was driven by the Defendant, while giving the Defendant a stop order, while driving the said car in front of the Defendant’s house located in Donsan-gun on April 26, 2017.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Although the defendant was requested by the above G to take a 2-3-time measurement of drinking in the above manner, the defendant would recognize drinking, but will not take a drinking test.

“A police officer did not comply with a request for measurement of drinking without justifiable grounds by refusing measurement of drinking by explicitly expressing his/her intent.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. The statement report on the situation of the driver at the main place, investigation report (the situation report of the driver at the main place), the details of crackdown, each investigation report, and the application of Acts and subordinate statutes to the investigation report (the confirmation of the route of his driving by Defendant);

1. Article 148-2 (1) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to attend a community service order: The nature of the crime is not good that the police officer did not comply with a request for measurement of legitimate drinking by the police officer. The defendant denies the crime, exceeded his/her responsibility, and does not violate his/her duty (it refers to the defendant's confession as to the facts charged, without any basis for the circumstances where the police officer in charge discovered the defendant's vehicle and attempted to regulate drinking depending on the defendant's vehicle, and refuses to measure drinking, while he/she is about the reason why the police officer refuses to take a drinking, he/she must do so at the time and the place of the defendant's office should comply with the measurement of drinking at that place.