A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 24, 2017, at around 00:34, the Defendant driven a motor vehicle while under the influence of alcohol by, for instance, the Defendant’s speech and behavior from the slope E belonging to the Donsan Police Station D, the Donsan Police Station called up after receiving a report of 112 on the road near C cafeteria located in the Donsan-si B.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

Nevertheless, the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Notification of the results of crackdown on the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a defendant, who has been subject to several punishments due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, refuses to measure drinking, the nature of the crime is not weak, but the defendant's mistake is recognized and against his/her wrongness, circumstances where driving distance was short, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sex, environment, etc., shall be determined in the same manner as the order;