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 April 17, 2016, the Defendant driven a motor vehicle under the influence of alcohol on the road in front of Ulsan-gu, Ulsan-gu, on the 15:24th day of Apr. 17, 2016, by driving the motor vehicle under the influence of alcohol, such as: (a) the Defendant was in the influence of alcohol from the chief of the police box belonging to the Ulsan-gu Police Station G commander of the Ulsan-gu, Police Station, who called the scene after receiving a report that the Defendant would drive a Flauna vehicle under the influence of alcohol; (b)

Despite the fact that there are reasonable grounds to determine a person, even though he/she was requested to respond to the measurement of drinking by inserting the whole part of a drinking measuring instrument over about 30 minutes, he/she did not comply with it.

Accordingly, the defendant did not comply with the police officer's drinking measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes to the statement report on the circumstances of drivers of drinking alcohol and the ledger of users of drinking instruments;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Taking into account the following factors: (a) protection and observation; and (b) the community service order Article 62-2 of the Criminal Act / Sentencing of the same type of crime; (c) risk of repeating a crime; (d) possibility of personal and material damage to which drinking is the driving; and (e) the nature of obstructing the performance of official duties against which the refusal of measurement in this case was made; or the gravity of legal interests and interests infringed;

In light of the fact that there was no past record of punishment heavier than that of the defendant for the same kind of crime, or that there was a need to provide the defendant with an opportunity to repent through suspended execution and protection observation rather than punishment in consideration of various circumstances, such as the defendant's personal circumstance, reflective attitude, etc. as shown in the records and arguments, the defendant should pay attention to preventing recidivism.