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 of the final judgment.

Punishment of the crime

On April 16, 2013, at around 01:54, the Defendant: (a) driven a franchising vehicle B from approximately 500 meters away to the road near the Mexico-dong 1 located at the time of the Jeonnsan-dong, Pungsan-gu, Seoul-si, to the road near the Mexico-dong located; (b) was stopped by the police officer D belonging to the police officer of the Jeonnan-si Police Station C police box called up upon receipt of the report; (c) the Defendant’s face was red, and was viewed to drive the said vehicle while under the influence of alcohol, such as drinking, drinking, drinking, and ruping.

Therefore, the above police officer requested the defendant to take a alcohol test on the road in front of the above "Mexico Kinkin" at around 02:07 on the same day, around 02:17 on the same day, and around 02:27 on the same day, but the defendant did not comply with all.

Accordingly, the defendant did not comply with a request from a police officer for a alcohol test on the ground that there are reasonable grounds to recognize that he was driving the above cargo while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had already been sentenced to a fine due to drinking driving twice, but the wheels of a motor vehicle had been driving the motor vehicle in a very dangerous state, such as delivery news block. The Defendant refused to take a drinking test by a police officer dispatched upon receipt of a report.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has no criminal record exceeding the fine and the occurrence of a traffic accident caused by the drinking driving of this case.