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 April 19, 2014, around 22:30, the Defendant driven the Cone Star vehicle at the front of Hyundai Apartment 102 Dong 1-2Ra, Hyundai Apartment 102, Dong-dong, Dong-dong, and at the same time, the Defendant was required to comply with the drinking measurement by inserting the breathm vehicle from around 23:10 to around 23:44 minutes on the same day, on the ground that she had a reasonable ground to have driven a vehicle with drinking alcohol, she was able to have driven a vehicle with walking, walking, walking, walking, and coloring.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports, photographic explanation, report on the host driver's identity, report on the de facto statement of the host driver, and investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that even though the defendant had been punished twice due to drinking driving, the crime of this case is not good.

However, there is no criminal history since 2004, and there are some circumstances that can be taken into account in the course of the crime (the apartment parking lot is not a road but a drinking driving), the fact that there is no criminal history of suspension of qualifications or more severe punishment, and other various sentencing conditions, such as the order, shall be determined in consideration of the overall sentencing conditions.