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 15, 2017, the Defendant, while drinking around 03:56, driven a B-L car at a section of about 3.56 km prior to the entrance of the implied village located in the same Gu vibration at the front of the entrance of the Dong-dong-dong, Changwon-si, Changwon-si.

The Defendant, at around 04:07 on the same day, driven under the influence of alcohol, such as drinking alcohol, etc., from D guards belonging to the Minsan District Police Station C District of Minsan, who was dispatched after receiving a report from 112 on the entrance, front of the entrance, drinking, and driving of alcohol, etc.

There is a considerable reason to determine a person, who is requested to comply with the measurement of drinking by inserting the breath in a breathr, and by not later than 04:24 on the same day, the police officer failed to comply with a police officer's request for the measurement of drinking without a justifiable reason, even though the person was requested to take four times of drinking

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes concerning editing photographs which refuse to measure drinking;

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;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The history of punishment for a crime of violating the Road Traffic Act (driving) is three times, and the crime of refusing to measure the drinking of a police officer is bad.

The favorable circumstances: The crime of this case is against the law.