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

[2015 Highest 701] Around 22:56 May 10, 2015, the Defendant was under the influence of alcohol while driving a Da SM3 car on the front of the CY station located in Gumi-si B, and was under the influence of alcohol while driving the DaM3 car on the front of the CM3 car, and the Defendant was under the control of alcohol. From F, the Defendant was required to comply with the drinking test by inserting four minutes in total, inasmuch as there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling in the influence of alcohol, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, and drinking, making it clear that the Defendant was under the influence of alcohol.

Nevertheless, the Defendant avoided the method of not putting the breath of a drinking measuring instrument into a breath, thereby refusing to comply with a police officer’s request for a drinking test without justifiable grounds.

[2015 Highest925] On July 22, 2015, the Defendant driven a DSS3 car while under the influence of alcohol concentration of 0.098% at a H hotel parking lot located in Gumi-si, Gumi-si, Seoul.

Summary of Evidence

[2015 Highest 701]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Report on internal investigation (based on the situation, etc. at the time when a suspect refuses to take a alcohol test), ledger of use of a drunk measuring instrument, photograph of the suspect requesting a measurement of alcohol level;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;

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 sound), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of running sound) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be added to the long-term punishment as provided for the crime of refusing measurement of noise and the crime of violating the Road Traffic Act with heavier penalty.]