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 March 2, 2017, the Defendant was under the influence of alcohol, such as drinking, smelling, making a red light on the face of the police station C, and making a walking, while driving a B-beon in front of the C-beon road of the Dong-si, Sin-si, Sinsi, the Defendant was under the influence of alcohol, while making a stop at the first lane while drinking.

Since there are reasonable grounds to determine the person, it was controlled by drinking driving.

The Defendant refused to comply with a police officer’s request for the measurement of drinking without justifiable grounds by refusing to put the breath in the breath, although the Defendant received a demand from the former police station E District from around 01:18 on March 2, 2017 to 01:49 on the same day to put the breath, by inserting the breath in a breath, etc., and by inserting the breath in a breath, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of a driver under driving under drinking, on-site photographs, and photographs of refusing to measure drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on August 19, 2014, the Defendant was sentenced to a summary order of a fine of three million won or more due to a violation of Road Traffic Act (driving) in the Daegu District Court, Kimcheon Branch of the Daegu District Court on August 19, 2014, and three times the driving force of drinking, such as the motive and background of the offense, the Defendant’s age, sexual behavior, environment, etc., shall be determined as per the disposition.