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 June 11, 2017, around 03:30 on June 11, 2017, the Defendant: (a) driven a F musical beverage in Songpa-gu Seoul by driving the G C220 Benz car and moved to an I hotel located in Songpa-gu Seoul; (b) Upon receiving a report on 112 from the above hotel parking lot, the Defendant driven while the Defendant was under the influence of alcohol, such as smelling alcohol to the Defendant from K at the border of the JW police station in Song-gu, Seoul, the Defendant called the Defendant’s face.

Although there are reasonable grounds to determine a person, the defendant was requested to respond to a drinking test by inserting the whole in a drinking-free season, but the defendant refused it.

Accordingly, the above K arrested the defendant in the act of violating the Road Traffic Act (refluence of alcohol measurement) and demanded the defendant to respond to the measurement of alcohol by inserting the defendant into the J district of the dispatching Police Station in Seoul. On the same day, the defendant did not comply with the measurement of alcohol without justifiable grounds, such as refusal of the first alcohol measurement at around 04:10 on the same day, refusal of the second alcohol measurement at around 04:20 on the same day, refusal of the second alcohol measurement at around 04:30 on the same day, refusal of the second alcohol measurement at around 04:30 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. A protocol concerning the examination of the police officers of the accused;

1. Lritten statements;

1. The circumstantial report on the driving of the driver at home, the statement on the circumstances of the driver at home, and the investigation report (the circumstantial report on the driver at home);

1. Inquiries about the results of crackdown on drinking driving;

1. Video CDs in video recording (the situation in which the person under consideration turns out of his seat), video CDs in video recording [the defendant and his defense counsel are arrested in the act of committing a crime, and thus, the defendant and his defense counsel were illegally arrested in the act of committing a crime, and thus the refusal of measurement of a request for a measurement of drinking by a drinking gauge and a drinking measuring instrument conducted by the previous and previous act does not constitute a violation of road traffic law (refusing of drinking);

The argument is asserted.

However, the evidence duly adopted and examined by this Court is different.