A defendant shall be punished by imprisonment for not less than eight 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

The defendant, at the Daegu District Court on November 30, 2007, was sentenced to the suspension of the execution of six months for the crime of violation of the Road Traffic Act (Refusal of measurement), two years for probation, 80 hours for community service and 24 hours for compliance driving, and three times for the same punishment records.

On February 13, 2019, the Defendant was demanded on February 16:10, 2019 to respond to a drinking test by inserting a breath in the C apartment underground parking lot in which the Defendant was living in the Daegu Suwon-gu, Daegu-gu, as well as by inserting a breath in the light of the head of the police station affiliated with the D District Police Station of Daegu-gu, which was called out.

At the time, the Defendant was parked in the parking lot entrance, which was parked in the above underground parking lot while driving the FF-learning car, and was parked again into the underground parking lot after receiving the G-learning car pans and H Car pans car pans. Furthermore, there was considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as a rhythm, red, and a string distance.

For this reason, the Defendant, despite having been required to take a drinking test for a total of four times from the above border E to the 16:30 times from that time, failed to comply with a police officer’s request for a drinking test without justifiable grounds by evading a drinking test without inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiry of reports on the state of state of drinking drivers, and the results of crackdown on drinking driving;

1. Report on investigation by the prosecution (to hear the statement of the police officer requesting measurement);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation Act;