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 9, 2016, the Defendant was demanded to respond to the measurement of alcohol in a manner of inserting alcohol over about 30 minutes from the slope attached to the D District of the Daegu Dong-gu Police Station D, the Defendant, at around 03:20, a 185-ro, Daegu Dong-gu, Daegu Dong-gu, Dong-gu, Seoul, and to respond to the measurement of alcohol by inserting it over about 30 minutes from E.

At the time, the Defendant driven a vehicle while under the influence of alcohol, such as drinking, on the driver’s seat of FSM3 vehicle standing on the two-lanes of the three-lanes.

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. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the number of times the defendant was punished for the same kind of crime, and the time of such punishment (the defendant was punished three times by a fine by not later than 2009, and no record of the crime thereafter), the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc., taking into account the various reasons for sentencing specified in the arguments in this case, including the circumstances after the crime.