A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2016, the Defendant, at around 01:00 on June 9, 2016, driven a motor vehicle B in front of the four-way distance of the use industry of the Sungsung-gu in the large exhibition, and was diving with the driver’s license, while driving the motor vehicle on the front of the four-way distance of the use industry.

“A police officer D, etc. belonging to C district group who was dispatched upon receipt of a report 112 was found to have been suspected of driving alcohol, and the Defendant’s entrance was snicking and snicking at the Defendant’s entrance, and driving a motor vehicle under the influence of alcohol, such as a molding distance.

Since there are reasonable grounds to determine the person, the above police officer refused to take a drinking test and escaped.

Accordingly, the defendant refused a police officer's demand for alcohol measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The poor quality of the crime is the case where the police officer demanded a measurement of drinking alcohol from the police officer and attempted to flee at the scene; the circumstances favorable to the two times the criminal records of drinking driving: the fact that all the records of the crime of drinking driving are fines, and the confession and rebuttal are made: The decision of a sentence that the above circumstances differ from others, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime;