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

Punishment of the crime

On May 7, 2015, the Defendant was required to respond to the measurement of alcohol by inserting three minutes a drinking measuring instrument three times between approximately 30 minutes, on the ground that there are reasonable grounds to recognize that he was under the influence of alcohol, such as smelling, smelling, snicking, etc. from the slope E belonging to the D Zone Unit of the Daegu Suwon Police Station D Zone, while driving a ecood vehicle in front of the 257 KFF in front of the 207 Daegu Suhyup-gu DF, the Defendant was under the influence of drinking.

Nevertheless, the Defendant, while making a warning to the above E that “absing in violation of signal and drinking control is a naval investigation,” did not comply with a police officer’s request for a sobsing test without any justifiable reason by avoiding it by refusing it.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Sound recording files CDs;

1. Application of Acts and subordinate statutes to detect and report the violation of the Road Traffic Act (Refusal of measurement), report on internal investigation, and investigation report (such as refusal of measurement of alcoholic beverages);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. In a case where a police officer under Articles 53 and 55(1)3 of the Criminal Act requests a driver who has reasonable grounds to recognize that a driver was driving a motor vehicle while under the influence of alcohol to take a breath test in such a manner as deemed reasonable by social norms, if the driver refuses it, the crime of refusing to take a breath test is established;

The traffic control guidelines of the National Police Agency provide that drivers who refuse to comply with a request for measurement of alcohol at least three times at intervals of ten minutes shall be informed of the disadvantage resulting from non-compliance with the request for measurement of alcohol, and even if such notification requires them to be treated as refusal of measurement of alcohol at the time of refusal of measurement, it is only the internal guidelines of the National Police Agency.