A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 19, 2012, around 00:30, the Defendant, while driving a drinking on the road in front of 344-6, Mari-dong, Busan, Mari-dong, 344-6, was subject to drinking control by E from a policeman belonging to the D Zone of the Busan, Busan, and was accompanied to the D Zone of the Hari Police Station located in F.

The Defendant was required to respond to the measurement of alcohol in a manner of inserting the whole face of the Defendant from a police officer in the foregoing D Zone by inserting the breath of alcohol in a breathous manner from around 01:20 on the same day to about 26 minutes from around 01:46 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (Considering the criminal records caused by a drunk driving, etc. of the accused, and the motive, progress, etc. of the instant crime);

1. Article 62 (1) of the Criminal Act (Confession and reflect) of the suspended execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;