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 this judgment becomes final and conclusive.

Punishment of the crime

On June 11, 2018, the Defendant driven a D Poter on the front of the C Poter located in B at around 13:50 on June 11, 2018, while driving the D Poter under the influence of alcohol, from a slopeF affiliated with the Permanent Police Station E (a police box) of the resident police station, he/she was driven under the influence of alcohol, such as setting a redlight on the front and rear face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 25 minutes.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes No. 5 of reports on the detection of suspected victims of violation of the Traffic Act (Refusal of measurement of drinking), investigation reports (No. 4 No. 5) and internal investigation reports (Evidence List No. 5);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had a previous conviction on two occasions; and (b) the fact that he/she appears to have been under the influence of alcohol to the extent that he/she would have been under the influence of alcohol at the time of crackdown, etc.

However, considering favorable circumstances such as the fact that the defendant recognizes and reflects the crime, the fact that the health of the defendant's wife seems to have caused the defendant to drink, and that the defendant seems to have caused the main cause of drinking.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age, family relations and health status, shall be determined as per the disposition.