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 29, 2014, at around 20:35, the Defendant: (a) while driving a third-class golf club in front of the Sejong-type golf club in front of it, to Sejong-si Office in the direction of Sejong-si Office, while under the influence of alcohol, the Defendant got off the road in the order of the boundary of the Central TranxG located in the said vehicle and the street trees planted to the opposite direction.

As such, the Defendant was sent back to a Class C hospital and was in the same place, and there was reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking a large amount of pedestrian taxes, and drinking alcohol, etc., from around 21:24 to around 21:54 of the same day, the Defendant was demanded to respond to the drinking test by inserting the respiratory over 30 minutes during the influence of alcohol.

Nevertheless, the defendant did not comply with the above police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to traffic accident reports and accident reports filed by drivers;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's responsibility for the crime of this case is heavy in light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order had been punished three times due to drinking driving, even though the defendant was punished by a fine.

However, in addition to probation and community service order, the probation and community service order should be sentenced in consideration of the fact that there is no history of punishment of a fine or heavier, and the error is against the law.

It is so decided as per Disposition for the above reasons.