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 February 20, 2014, at around 18:20, the Defendant was required to respond to a drinking test by inserting alcohol measuring instruments over about 30 minutes from the border of the Gangnam-gu Police Station D District, which was called the person who parked on the road under the influence of alcohol at around 18:40 on the same day while driving the Cina vehicle in the state of drinking from the front of the Gangnam-gu, Seoul Central Police Station Service Center of 688-1 to the road of the same 687-1. The Defendant was required to comply with the drinking test by inserting the alcohol measuring instruments over 30 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Protocol of examination of the witness regarding G;

1. The circumstantial statement of the employee;

1. Control note;

1. Application of Acts and subordinate statutes on control field photographs;

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;

1. According to the evidence of sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing of community service and order to attend lectures, there was considerable reason to recognize that the defendant was driving under the influence of alcohol, and the defendant, however, has refused the police officer's legitimate demand for alcohol

However, the defendant does not seem to have any way to be against the defendant while denying the fact that he had not driven the crime of this case, and there has already been two times or more of punishment for the same crime, so there is a need to punish the defendant strictly.

However, there is no criminal history to punish the defendant more than a fine, and a traffic accident is caused by the drinking driving of this case.