A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2014, while under the influence of alcohol at around 00:05, the Defendant received a report from the front side of the new apartment zone in Seocheon-dong, Seocheon-dong to the entrance of the Ycheon-gu apartment zone in Yancheon-dong at the same time and received approximately 1.5 km from the slope D belonging to the Seogsan Police Station C District Unit, and received a report on the suspicion of driving approximately 1.5 km, and received a request for a drinking measurement by means of inserting alcohol between around 0:37, 2014 and around 40 minutes from March 30, 2014.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A manual for measuring drinking alcohol;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes governing the case-related 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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had a record of punishment for drinking driving several times, he/she again makes a drinking again and refuses to make a request for the measurement of drinking alcohol by police officers. This provision does not apply to the nature of such crime that is minor.

However, in light of the fact that the defendant was aware of the crime of this case, reflects the mistake in depth, and again is expected not to drive drinking, the defendant's age, family relationship, economic circumstances, criminal records, etc. are determined as per the order and the execution of the sentence is suspended, but the defendant takes lectures in community service and law-abiding driving lecture.