A defendant shall be punished by imprisonment for six 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

On February 8, 2013, at around 22:24, the Defendant, at around 22:24, drive BV-BV cars from the distance of about 2 km to the nearest roads of sewage treatment plants located in the same Ri, from the mutual cafeteria of the route located in the Hanam-Eup fishery village at the Hanam-si, Haak-BV.

As there are reasonable grounds to recognize that a person was driven under the influence of alcohol by drinking, such as smelling at the Defendant’s entrance, etc., by a police box of the smuggling police station, which was dispatched after being reported a lock inside a cargo vehicle, from 22:38 to 21:58 of the same day, the person was demanded to comply with the measurement of alcohol by inserting the breath of a drinking measuring instrument three times from 22:38 to 21:58 of the same day.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test by refusing a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Jan. 1, 2006);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;