A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a driver of the Lone Star Co., Ltd.

The Defendant, around 13:35 on December 3, 2014, is driving the above van at a shooting distance of 342-2 in the Dobong-dong, Yangyang-dong at Yangju-si.

After causing traffic accidents that shock the obstacles on the road, they moved to containers located in the E-factory in the two weeks of both countries.

At around 14:00 on December 3, 2014, the Defendant was required to comply with a drinking test at around 14:5, around 15:05, and on three occasions at around 15:16, the Defendant was required to comply with a drinking test at a police officer’s request for a drinking test without justifiable grounds, even though the Defendant was required to comply with a drinking test at around 14:5, around 15:05, and on three occasions at around 15:16, on a total of three occasions, in a case where the Defendant was required to take a drinking test without justifiable grounds, while the Defendant was reported by F of the towing article F, which is suspected of a drinking accident, such as drinking distance.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. The Defendant and the defense counsel in the ledger of the use of a drinking-free measuring instrument used for the purpose of the test was G district, not the above container, and thus, the Defendant’s arrest of the flagrant offender on the ground of refusal to take a drinking-free measurement in the above container was unlawful, and the G district did not comply with the request for a drinking-free measurement made in an illegal arrest.

In other words, it is argued that it can not be punished as a violation of the Road Traffic Act concerning refusal to measure drinking.

However, the following circumstances that can be recognized by each of the above evidence, namely, ① Police Officers I and H dispatched to the site upon receiving a 112 report, are present at this court as a witness and at the time of “breath”, and require the Defendant to voluntarily commit the act of drinking alcohol at the time of drinking alcohol reduction. However, the Defendant refused to do so and brought him to the above container and entered the facts of the crime.