A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 23, 2015, at around 18:19, the Defendant received a 112 report on the fact that the Defendant was taking a vehicle under influence of alcohol on the road located in 341 at the Yaeungnam-gun, Gyeongnam-gun, and requested the Defendant to voluntarily accompany the Defendant to a police box from a slope C belonging to the Traffic Management Department of the Development Police Station, who called to the scene, and voluntarily operated the police box to a Do box.

Since around 19:38 of the same day, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, etc. on the face of the Defendant, and accordingly, the Defendant was demanded from the above C to respond to the measurement of alcohol by inserting three times the breath of the breath.

Nevertheless, the Defendant asserted that “the Defendant did not drive a drinking beverage” and avoided a drinking test, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Each investigation report (such as the details of the report, the situation of entry and exit, the site circumstances, etc., drinking drivers A, and the F phone statement for reference);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Criminal Act concerning the option of criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be imposed by comprehensively taking account of the Defendant’s age, character and conduct, occupation and environment, the circumstances and results of the instant crime, and other circumstances, which form the conditions of sentencing as shown in the records and pleadings, such as the circumstances after the crime, etc.

Unfavorable circumstances: the defendant is a crime of violation of the Road Traffic Act (driving).