A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 17, 2018, from around 20:33 to 20:48 of the same day, the Defendant refused to comply with a drinking test conducted by a police officer for about 15 minutes on the ground that there are reasonable grounds to recognize the driving of a vehicle while under the influence of alcohol, such as drinking snife, snife, snife, knife, snife, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire into the circumstances of a driver involved in drinking, investigation reports, investigation reports (related to refusal to measure a driver involved in drinking), reports on detection of a driver involved in drinking, and the results of crackdown on driving under drinking;

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;

1. The crime of this case by failing to comply with a police officer’s request for lawful drinking test without any justifiable reason for sentencing under Article 62-2 of the Criminal Act shall not constitute the crime of this case;

In addition, even if the defendant has long been punished for the violation of the Road Traffic Act(Refusal of measurement) in 2000, the defendant has been punished for the suspension of execution, and around 2014, the defendant has been punished for the violation of the Road Traffic Act(LA).

At this time, a suspended sentence shall be imposed in consideration of the circumstances, such as the fact that a considerable period of time has elapsed since the punishment was imposed for the previous suspended sentence, and the defendant's mistake is recognized.

In addition, the defendant's age, character and conduct, environment, motive for crime, circumstances after crime, etc. shall be determined as per the disposition.