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 18, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, smelling on the front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, 000, while driving a Category CN motor vehicle under the influence of alcohol, from the border E belonging to the Busan Special Metropolitan City Police Station D, the Defendant driven the motor vehicle under the influence of alcohol.

On October 18, 2018, from around 04:06 to around 04:37 of the same day, it was demanded to comply with the measurement of drinking by inserting the whole influence of drinking in three times.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, the statement of the situation of the driver of drinking, and the application of Acts and subordinate statutes to the ledger using the measuring instruments;

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

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. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following circumstances for sentencing under Article 62-2 of the Criminal Act, the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant had already been punished by a fine on three occasions due to drinking driving, but did not have to do so, and again did so, and refused to take a drinking test.

-, however, the defendant has been able to repent of his mistake late and not repeat his offense.

- There is no past record that the Defendant was punished beyond the fine prior to the instant case.