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 April 18, 2012, at around 05:02, the Defendant was driving the Category of Clux car on the road in front of the Stluxian-dong's resignation-dong in Busan Metropolitan City to the road in front of the small Sluxian-si of the same Dong. In this case, the time was between the Defendant and the pedestrian, etc. on the day on which the pedestrian, who was on the roadside, would face a vehicle driving by the Defendant.

On the ground that there are reasonable grounds to recognize that the defendant was driven under the influence of alcohol, such as drinking, drinking, snicking, drinking, and drinking, etc., the police officers belonging to the Busan East Police Station D Zone D, and the Inspector F, who called to the scene after receiving a report, was accompanied by the defendant to the Busan East Police Station G.

At this point, from 06:02 to 06:32 to 06:32, the Don Police Station Galle H demanded the defendant to respond to the alcohol alcohol measurement by inserting the whole in a drinking measuring instrument.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Written statements of the J;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment of 112 Report List), investigation reports (Attachment of photographs to identify suspects and to refuse to measure alcohol), investigation reports (on-site photographs and photographs attached thereto);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The gist of the argument is that the Defendant, while driving, only dices while drinking at the vehicle, and is under the influence of alcohol.