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 of the final judgment.

Punishment of the crime

On October 10, 2016, at around 21:19, the Defendant requested the Defendant to comply with a drinking test by inserting the breathm from a slope D, etc. belonging to the Ulsannam Police Station, etc., in a manner that makes it difficult to put the breath in the breath while under the influence of alcohol, such as smelling, smelling, redlighting, etc. on the front of C elementary school located in Ulsannam-gu B. However, the Defendant avoided it four times between 21:21 and 21:56 of the same day, and failed to comply with the breathm test by a police officer without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and application of Acts and subordinate statutes of the report on circumstances of drinking drivers;

1. Relevant 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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act on the stay of execution shall not be deemed to be less than that of the crime in light of the repetition of the same type of crime, the risk of recidivism, and the nature of obstruction of performance of official duties against which the refusal of measurement in this case has been made; however, there is no past record of punishment for the suspension of execution of execution of the same crime

1. Probation and community service order under Article 62-2 of the Criminal Act;