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.

On February 26, 2017, the Defendant driven a motor vehicle under the influence of alcohol on the road in front of the "C Marart" located in Daejeon, Daejeon, Daejeon, while driving a DNA-learning motor vehicle with drinking alcohol, and while driving the motor vehicle under the influence of alcohol, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from F in the circumstances belonging to the Daejeon, the Daejeon, the Police Station E District of the Daejeon, while driving the D-learning motor vehicle with drinking alcohol.

There is a reasonable reason to determine a person, and it was demanded that the person comply with the measurement of drinking by inserting approximately four drinking meters into a drinking measuring instrument.

Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports, notification of the results of crackdown on driving under drinking, the details of crackdown, the statement report on the situation of the driver under driving under drinking, the request for measurement of drinking, and the application of statutes governing vehicles and photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The defendant's age, occupation, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing specified in the arguments of this case shall be determined as ordered by taking into account the following circumstances: the observation of protection, community service order and order to attend lecture under Article 62-2 of the Criminal Act, and other conditions of sentencing as ordered.

3. Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to driving of alcohol in the past, the act of refusing to take a drinking test without any justifiable reason after driving of alcohol is more favorable than the case of the ordinary driving of alcohol in the past: The crime is committed, and there is no criminal record beyond the fine due to driving of alcohol in the past, and the fact that it has been seven years prior to the last driving of alcohol in the past.