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

On September 3, 2013, at around 00:50 on September 3, 2013, the Defendant was required to comply with the breath test by inserting approximately 30 minutes of the alcohol measuring instrument while driving DE300 cars from the Hanbol-dong of Gyeonggi-gu Police Station E zone, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol in the Defendant’s entrance and scaring red, etc.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order has two times the criminal records of drunk driving, and in particular, one of them has interfered with the performance of public duties for the purpose of drinking driving and refusing to take a drunk test and suffered injury to police officers, and even after being sentenced a suspended sentence, again committed the crime of refusing to take a drunk test, and the crime was committed again at the control site to interfere with the measurement of drinking, and thus, the criminal records are heavy.

However, a suspended sentence shall be imposed in consideration of various sentencing factors, such as the defendant's recognition of the crime, the fact that the defendant is against his/her will, the distance of drinking driving is not long, the defendant's age, occupation and criminal records, and probation and community service order shall be added.