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 November 22, 2015, the Defendant, while drinking alcohol on November 22, 2015, driving a vehicle with a low-priced level C from 3rd to 1st floor entrance of the vice head of the Ycheon-dong, Seocheon-gu, Busan to 2015. On November 22, 2015, while driving a vehicle under the influence of alcohol, such as where the Defendant’s face from Gyeong-do, the police station belonging to the Busan Northern District, who was called for by a drinking driver upon receipt of a report to 112 that the drinking driver would be disturbed, and

Despite the fact that there are reasonable grounds to determine a person, the police officer was requested to comply with the measurement of drinking by inserting a drinking measuring instrument four times in total, including around 19:40, around 19:50, around 20:02, and around 20:13, but the police officer did not comply with a request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to investigate and report on refusing to measure drinking drivers;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction in excess of a fine and the fact that a mistake is pened in depth) of the suspended execution;

1. Determination as to the issue of Article 62-2 of the Criminal Act regarding the order to attend a course is that the defendant does not drive a motor vehicle in the public parking lot of this case and drive a motor vehicle on the road, thus not subject to punishment for drinking under the Road Traffic Act

I think that he did not comply with the drinking alcohol measurement.

The argument is asserted.

Police Officers have driven a motor vehicle, etc. while under the influence of alcohol.

If there is a reasonable ground to determine a person, a driver may take a breathesis test (Article 44(2) of the Road Traffic Act). A person who does not comply with the measurement by such police officer is subject to criminal punishment in accordance with the Road Traffic Act (Article 148-2(1)2). Meanwhile, the Road Traffic Act provides the foregoing.