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 July 24, 2012, at around 21:09, the Defendant driven CKazack Track-12 on the road, 1554-12, Sinsi-dong, Sinung-si, Sinsi.

On July 24, 2012, from around 21:49 to 22:13 on July 24, 2012, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 24 minutes in a manner of making it impossible for the Defendant to take the alcohol measuring instruments at the D Zone D office of the Sinung Police Station, on the ground that there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, such as smelling, smelling, snishing, snicking, snicking, etc. from the Defendant.

Nevertheless, the Defendant rejected it without any justifiable reason, such as evading to put the whole in a drinking measuring instrument.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the third protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. G statements;

1. Reports on the statement of the current status of a drinking driver, reports on detection of a drinking driver, measurement refusal photographs, investigation reports (additional), response to requests for the use of health insurance, and the application of statutes on health insurance benefits;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The summary of the Defendant’s assertion was not measured on the ground that the Defendant was unable to take a drinking gauge more than three occasions, but was suffering from pulmonary diseases.

The defendant is unable to take a drinking test any longer because he has breathesis and respiratory difficulties with the control police officer.