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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 11, 2017, at around 07:20, the Defendant was required to take a drinking test from D police officers belonging to the police station C, who were dispatched after receiving a report from 112 that there is a vehicle suspected of driving alcohol, such as driving on the side near the IC, on the side of the same main road located in the 51-lane 49-gil, Gangnam-gu, Seoul Metropolitan City.

At the time, the police officer was driven under the influence of alcohol by the defendant in light of the defendant's condition of smelling sniffing on the face, the defendant's behavior of the defendant who returned to the road that vehicles pass despite the request for the measurement of drinking, etc.

have reasonable grounds to determine that there is a reasonable

As a result, the defendant requested the defendant to respond to the drinking measurement by inserting the whole in part of drinking in a water station accident investigation room in Gangnam-gu Seoul, Seoul, from 08:05 to 08:20 on the side of the same day on the same day.

Nevertheless, the defendant explicitly rejected the above request by means of driving a handout, etc., and did not comply with a police officer's request for measurement of drinking 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. A written statement of occurrence of traffic accidents prepared by E;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each investigation report (Nos. 3, 6, 9, and 11 once a year), and the application of the legislation of the Schedule to the Handling of Reported Cases 112

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

1. Selection of alternative imprisonment with prison labor (the defendant, even though he had been subject to punishment for drinking twice the past two times, once again drives drinking, driving of the above drinking is relatively recent, and driving of drinking at a distance significantly distant from the driving of a motor vehicle.