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 April 27, 2013, the Defendant was required to comply with a drinking test by inserting approximately 10 minutes in a total of 10 minutes from the C Zone Zone while driving a 506-1 Do Government-dong, 506-1 Do-dong, Do-si, the Defendant, while driving a B Ethp vehicle on the front of the B Ethp on the front of the Do-dong 506-1 Do-dong, and there is considerable reason to recognize that the Defendant was under the influence of alcohol by drinking from the slope D belonging to the C District Zone, such as smelling, making a smell on the face, etc., and making it difficult for the Defendant to comply with the request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A copy of the report on detection of a drinking driver and the ledger of measurement of drinking alcohol (not exceeding three times);

1. Application of the Act and subordinate statutes on site photographs, suspect measurement refusal photographs, on-site investigation 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 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. Taking account of the fact that there is one time to suspend the execution of imprisonment on September 200 with respect to the crime of the same or similar kind of punishment for the reason of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act, one time to suspend the execution of imprisonment with labor on or around September 200, and one time to impose a fine on or around December 201, and the fact that it again makes it impossible to drive under the influence of alcohol in the future shall be determined as per the order.