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

[2015 Highest 1170] On November 24, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from slopeD affiliated with the Hongsung Police Station, while driving a motor vehicle under the influence of alcohol, while drinking alcohol on a gallon in the southwest-ro Hong-gun Hong-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do under the influence of alcohol.

There was a reasonable reason to determine a person, who was requested from around 20:40 on the same day to around 21:00 on the same day to respond to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument three times on the same day.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for alcohol testing without justifiable grounds.

[2015 Highest 1239] On November 2, 2015, the Defendant driven a car in E-te-Tech under the influence of alcohol content of about 800 meters in the section of approximately 0.119% in alcohol from the front side of the Gancheon-gun, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do. to the front side of the Gancheon-gun, Chungcheongnam-do, Seoul Special Metropolitan City.

Summary of Evidence

[Judgment 2015 Gohap 1170]

1. Statement by the defendant in court;

1. The circumstantial statement report;

1. The ledger using the measuring instruments for drinking;

1. A photograph refusing to measure drinking [the facts stated in the judgment of 2015 high group 1239];

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the point of refusing to measure the selected drinking of a punishment on the crime: Driving under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the choice of imprisonment): Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravation of concurrent crimes to the extent that the punishment is added up to the maximum of the long-term punishments of each offense committed against a violation of Road Traffic Act with heavy punishment];

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

1. Protective observation and community service order;