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 October 17, 2015, at around 16:48, the Defendant driven C Poter Cargo Vehicles from the front side of dry field owned by the Defendant, located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the Grand Roster, located in the same Dom of Sin Chang-gu, Seoul, the military branch of which is about 12 km.

At around 16:56 on the same day, the Defendant was seated at the driver’s seat of the above cargo vehicle where the Defendant was stopped at the Round, and the Defendant was drunkly driven by the Defendant, such as smelling to the Defendant.

Since there are reasonable grounds to determine a seal, it was demanded to respond to the measurement of alcohol by inserting four times from E to 17:29 on the same day from the time of the situation belonging to the police station D branch.

However, the Defendant avoided this and did not comply with a police officer’s request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Article 148-2 of the Criminal Act applicable to the crime and Articles 148-2 and 44-2 (2) of the Criminal Act that choose the penalty (the choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished several times for the same kind of crime, it is necessary to strictly punish the defendant, as he/she again committed the instant crime.

However, the defendant is against the crime of this case, and he will not repeat the crime in the future.

It shall be sentenced to the same sentence as the order in consideration of the fact that there is no criminal record or more than a suspended sentence due to the same crime.