A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 21, 2017, around 03:45, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 20 minutes of the police box in front of the Daegu Northern-gu apartment building B, Daegu-gu, and the police box C of the Daegu Gangnam Police Station, for approximately 20 minutes from D.

At the time, the Defendant: (a) had a proxy engineer drive his G K5 car to the F-W shooting range located in the Daegu Northern-gu, Daegu Northern-gu; (b) had a proxy engineer drive his G K5 car from the F shooting range to B apartment; (c) reported the Defendant to the Defendant to the 112; and (d) the Defendant was driving under the influence of alcohol, such as a rhym, a blood color, red, and a string of body, while under the influence of alcohol.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by a witness H and D;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (main driver's report) (Defense Counsel asserts that a police officer's request for drinking alcohol measurement against the defendant is illegal.

In light of the overall circumstances, such as the background of the Defendant and the police officer’s demand for a alcohol test at the Defendant’s residence; the situation where the police officer actually conducted a alcohol test outside the Defendant’s residence; and the time when the police officer reported and demanded a alcohol test to the Defendant, the Defendant was driven under the influence of alcohol.

The police officer's request for the measurement of drinking was made in such a situation as illegal arrest against the defendant.

Therefore, it cannot be said that the police officer's request for the measurement of drinking to the defendant is illegal.

Therefore, the above assertion by the defense counsel is not accepted.