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

On June 3, 2018, at around 00:35, the Defendant was required to respond to the measurement of alcohol 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, smelling alcohol, and drinking alcohol reaction, from a slope D belonging to the Suwon Police Station C District, etc., sent to the Defendant, after receiving a notification from the purport that “A motor vehicle is suspected of drinking” is being driven in front of the 265 CF district in the direction of the dial Simpo-gu C district of the Suwon Police Station, which was called.

Nevertheless, the defendant refused this and did not comply with the police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive and circumstances after the crime, etc., shall be determined as ordered by the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the fact that the defendant has been punished twice due to the violation of the Road Traffic Act, the defendant's opposite nature and behavior, and other criminal records.