A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 6, 2015, at around 21:36, the Defendant is driving a 125cc SG125 Obama while drinking on a road for a d driving school located in Eunpyeong-gu Seoul Metropolitan Government.

On June 6, 2015, there are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as drinking, smelling, ruptureing, and ruptureing on the face, from F in the process of traffic investigation belonging to the Seoul Western Police Station, due to traffic accident, it was demanded to respond to the measurement of alcohol by inserting the duplicating machine at the traffic investigation office of the Seoul Western Police Station around 22:53, 23:04, and 23:45.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on the actual state of the driver;

1. A copy of emergency medical services log;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 12917, Dec. 30, 2014) (amended by Act No. 12917, Dec. 30, 2014)

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act includes the defendant's history of having been punished several times for the same crime, such as drinking driving, refusal of drinking, etc., Nevertheless, in light of the crime of this case where the defendant again was found to have a traffic accident that occurred while driving a motor vehicle in drinking condition and the police officer's request for measurement of drinking again was refused, etc., the crime of this case is bad, while there is no history of punishment heavier than a fine, and the defendant is against the defendant, and all of the sentencing conditions shown in the records and arguments of this case, the punishment is determined as ordered.