A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at around 05:45 on March 18, 2019, was asked to comply with a drinking test by inserting alcohol into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, and drinking alcohol, from D located in the Busan Police Station C District D, which was dispatched after receiving a report of 112, on a drinking-related 40 o-dong-ro 3 Dong-dong 15-dong Do-dong 15, while drinking alcohol on the front of the 3-dong 3-dong Do-dong Do-dong 15-dong Do-dong Do-dong 15, the Defendant did not comply with the request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of the driver, notification to the department reporting the 112 Incident, and report on the results of investigation;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished several times for the violation of the Road Traffic Act and the violation of the Road Traffic Act. The crime of this case is not suitable for a police officer to comply with a request for measurement of drinking alcohol, and the fact that the accused is against the order, etc. shall be determined as the same as the order.