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 became final and conclusive.

Punishment of the crime

1. Around 03:45 on August 24, 2016, the Defendant: (a) driven a dpoter cargo vehicle at the section of about 1 km from the mutual influoral roads located in Silung City B during Silung City to C in the same City under the influence of alcohol content of 0.244%; (b) around 03:45 on August 24, 2016.

2. The Defendant violated the Road Traffic Act (refusing to take a drinking level) in accordance with paragraph (1) of this Article, while driving the said vehicle again at a section of about 30 meters from C to E in the same direction from C at the time of show, the Defendant came to have been under the influence of drinking for about one hour from G of the police box of the Silung Police Station, and the Defendant was snicked for about 1 hour, snicking, blood color red, and the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument four minutes for about 40 minutes, on the ground that there are reasonable grounds to recognize that he was driving while under the influence of alcohol, such as a rain distance, etc.

Nevertheless, the defendant avoided without complying with it, and did not comply with a request for a so-called alcohol test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to the ledger of refusal of measurement, photograph, and use of drinking meters;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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