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

On July 16, 2016, at around 14:08, the Defendant was requested to respond to a drinking test by inserting the breath in a breath on the front of the Jeonbuk-gun, B, the Defendant, on the ground that there are reasonable grounds to recognize the Defendant to have been driving under the influence of alcohol, such as drinking, smelling, snicking, snicking, and snicking, etc. from E to E from the circumstances belonging to the D District Unit of the Inanan Police Station D District, and snicking, etc.

In addition, the Defendant was again requested to respond to the measurement of drinking alcohol by inserting the drinking measuring instruments from the above E on the same day at around 14:28 and around 14:43 of the same day after moving to the D zone in F, but refused it while taking a bath to police officers.

Accordingly, the defendant did not comply with a request for a sobreath test by a police officer without any justifiable reason, even though there was a considerable reason to recognize that he was driven under influence

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. include the following: (a) Defendant’s refusal to take a drinking alcohol test and his/her liability for refusing to take a drinking alcohol test without justifiable grounds; (b) the conditions for sentencing unfavorable to the Defendant; (c) the Defendant’s timing of committing an offense; (d) the Defendant’s mistake; and (e) the Defendant’s compliance driving and responding to the request for a lawful drinking test; and (e) the conditions for sentencing favorable to the Defendant; and (e) the Defendant’s age, character and behavior, environment, motive and circumstance of the offense; and