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

The Defendant, at around 02:50 on August 17, 2019, received a traffic accident report before and on the road in front of Ulsan-gu B, Ulsan-gu, Seoul-gu, Police Station C District District D, and did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds by refusing the measurement, despite reasonable grounds, for the Defendant’s face to be deemed to have been driven under the influence of alcohol, such as drinking in red and smelling in his body, in a state where E-PP car driven by the Defendant was in a state of shocking the central separation stand, and thus, the Defendant was required to comply with the alcohol measurement four times from the day of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, investigation report, and report on the control of drinking driving;

1. Relevant law concerning criminal facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, and choice of imprisonment (including the occurrence of an accident, the driving of a motor vehicle before and after drinking a motor vehicle);

1. Article 62 (1) of the Criminal Act (including the reflection of gender, the health status and environment of the defendant, etc.);

1. Social service order under Article 62-2 of the Criminal Act;