However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On March 6, 2016, the Defendant driven a motor vehicle with E while drinking on the front side of Gwangjin-gu in Seoul Special Metropolitan City, around 22:40 on the same day from the Seoul Gwangjin Police Station B located in Seoul Special Metropolitan City, Gwangjin-gu, 254-100 on March 6, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s drinking on the front side of Gwangjin-gu in Seoul Special Metropolitan City, and the Defendant driven a motor vehicle under the influence of alcohol, such as snicking, snicking, snicking, etc.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of alcohol by inserting four times in a sobreath of about 30 minutes in a so-called drinking measuring instrument.

Nevertheless, the defendant did not comply with the above police officer's measurement of drinking, and did not comply with the police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to video CDs, traffic accident occurrence reports, circumstantial statements of the principal driver, and reports on detection of the principal driver;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The Defendant again committed the instant crime because of the fact that the reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence has a long history of punishment for driving under drinking, and the Defendant driving the instant crime by drinking the vehicle under the road boundary.

Although there are considerable circumstances to view that the defendant has refused to take measurements several times, the defendant is disadvantageous to the circumstances, such as that the defendant reflects his/her criminal act, and that the defendant has no record of punishment, etc., the circumstances favorable to the defendant, such as the defendant's age and sexual behavior, and other various sentencing conditions shown in the records and changes of the defendant, and the sentence is determined as ordered.