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 May 13, 2016, the Defendant, while driving a HLstren vehicle in front of the G convalescent Hospital located in Busan, Busan, on May 23, 2016, while drinking alcohol, was under the influence of alcohol, while driving the vehicle at HLstren vehicle in front of the G convalescent hospital located in Busan, Busan, and at the expense of Busan, the reaction from the slope J to the drinking reduction rate, and the Defendant was in the influence of alcohol, such as smelling red on the face.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant, without entering the court, avoided it by means of the public wind, and did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K and J;

1. Report on the circumstances of driving under the liquor:

1. Notice of the result of crackdown on driving drinking;

1. The Defendant asserts to the effect that there is a justifiable reason for refusing to take a drinking test on the ground that he/she did not comply with the request for a drinking test since the result of the first drinking test was 0.032% after the Defendant’s response to a drinking test, and that he/she did not comply with the request for a drinking test since it was not necessary to take a drinking test thereafter. However, the police officer J at the time indicated the following circumstances as follows in this court, namely, “the lack of respiratory samples, 0.3/09 liter” in the drinking measuring instrument after the Defendant’s drinking test, and indicated it as “the Defendant’s breathy” in this court

그만 하라고 할 때까지 불어 라’ 고 하였으나, 피고인은 음주 측정기를 입에 물고 부는 시늉만 하였다.

Finally, the defendant made a consistent and clear statement that "no longer there was any speech that the defendant cannot respond to the measurement of drinking because the amount of drinking was 0.032% until the defendant's friendly arrest was entered due to the refusal of drinking measurement and the defendant's friendly arrest was made," and from the position of the J, who is the control police officer, the defendant's person.