1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. On May 23, 2014, the Defendant is driving a observer car under the influence of alcohol at around 00:30 on May 23, 2014, and the Defendant is driving a road in front of the former head of Sungsung-gun, Sungsung-gun, Sungsung-si, and a public nursery facility.

Since there are reasonable grounds to suspect that one wheels of the vehicle was under the influence of alcohol, such as smelling by the defendant from D chief of the Sungsung Police Station Police Station, who was sent to the police station after being reported while the vehicle was absent from the irrigation course, and showing the red reaction of drinking so that he was under the influence of alcohol, and thus, he was required to measure the alcohol for about 20 minutes from around 00:57 of the same day to around 01:19 on the same day at the emergency room of the F Hospital E located in the Jeonsung-gun, Jeonsung-gun.

Nevertheless, the defendant has refused to take a drinking test while repeating the phrase "I am different," and did not comply with the drinking test of a police officer without justifiable grounds.

2. Violation of the Road Traffic Act (unlicensed Driving) was operated by the Defendant from a 300-meter section to a 300-meter radius from the front road of the Young-gu, Sungsung-gun, Sungsung-gun, Young-gu, Seoul, to the front road of the same Eup/Myeon-style public small and medium-sized childcare center.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports (on-site conditions, etc. at the time of departure), reports on the situation of driving under the influence of liquor, rejected photographs for measurement, and statutes on the register of driver's licenses

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, 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;

1. Probation and community service order Article 62-2 of the Criminal Act: The reason for sentencing, the danger of drunk driving and the effectiveness of drinking control, etc.