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 becomes final and conclusive.

Punishment of the crime

On May 13, 2015, the Defendant: (a) driven Category B (D Engine) in front of the Masung-ro 112 B (UP) Dong-dong community service center in Daegu-si, Daegu-ro on May 13, 2015; and (b) received the rear part of the C Operation’s Dunst and other vehicles standing in the front section.

Since then, the Defendant was required to respond to the measurement of drinking alcohol by inserting four minutes in the form of a breath alcohol measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as a certain big distance from a slope E belonging to the Transport Investigation Team of Daegu Water Police Station, who was dispatched to the scene after receiving a report on a drinking accident.

Nevertheless, the police officer did not comply with the request for a drinking test without justifiable grounds, such as avoiding putting the whole in a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. The application of Acts and subordinate statutes to each investigation report (in cases of extra investigation and refusal to measure drinking);

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 (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;