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 March 20, 2013, at around 23:35, the Defendant was asked to stop from a slope E belonging to the police box of the Jinhae Police Station, which called the Defendant, after receiving a report that the drinking driving would be doubtful while driving a motor vehicle at the same distance intersection prior to the clubs of the Jinhae Police Station, which is located in the Jinhae-gu Seoul Metropolitan City, which is located in the Jinwon-dong without a driver's license.

In light of the reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as fluoring off the questions of slope E, exposing the nature of pedestrians, exposing the face and eye, smelling, smelling alcohol, etc., the Defendant did not comply with the request for a breath test without justifiable grounds, even though the Defendant was required to take a breath test by a police officer, from 23:59 of the same day to 0:32 of the following day, on three occasions from the DNA box of the Jinhae Police Station from a police officer, to

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report on non-measurement of drinking, etc. and photographs of refusing to measure the suspect's drinking;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant refused to take a alcohol test in order to escape the influence of punishment for drunk driving in spite of three times or more since 2007, and the criminal judgment for the immediately preceding drunk driving became final and conclusive, and two months have not passed since it was committed the instant crime.