A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Defendant

On May 25, 2013, around 02:20, 02:20, from the cafeteria parking lot located in the Hanam-si, the Donnam Police Station was under the control of the assistant F of the Hanam Police Station, while driving the DonW car from the cafeteria parking lot in the Hanam-si, to the beginning of the first traveling road in front of the same city at the same time, and making a stop on the 3-lane of the above Donnam Police Station.

The Defendant, at around 02:29 on the same day, did not comply with a request from the above F to respond to the measurement of alcohol in such a way as to put about 40 minutes away from the alcohol measuring instruments, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as sniffing of a snife, standing of a snife, raising a snife on the face of a snife and reding, etc.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of his/her oral statement, and control photo;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice 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. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;