A defendant shall be punished by imprisonment for one year.

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

around 02:04 on March 10, 2017, the Defendant was parked in the South-dong public parking lot located in the Yongsan-gu Seoul Metropolitan Government, Taewon-ro 224-19.

BA while driving a motor vehicle at the entrance of the above public parking lot, driving a motor vehicle under the influence of alcohol, such as a sM5 vehicle, while being driven by a driver of the above public parking lot and a driver of the police box called up after receiving a report accompanied by a vision, D, etc.

Even if there are reasonable grounds to determine a person, a police officer's demand for the measurement of drinking by inserting the whole in a drinking measuring instrument, has not complied with the police officer's measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The Defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, was sentenced to a fine twice due to drinking and a suspended sentence once due to driving under the influence of alcohol, and committed the instant crime of refusing to take a drinking alcohol test after driving at the same time. However, the instant driving is limited to the short distance within the parking lot, and reflects his mistake, etc., shall be determined as per the disposition, taking into account various sentencing conditions, such as the following: