Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 8, 2019: (a) around 15:15, the Defendant received a report from the Defendant’s spouse’s spouse’s 112 who driven a drinking alcohol at the Defendant’s residence in Gwangju Northern-gu B apartment C, and failed to comply with the police officer’s request for a drinking test without justifiable grounds, on the grounds that there exist reasonable grounds to recognize that the Defendant driven a drinking alcohol on four occasions, such as the Defendant’s her spouse’s credibility in the statement of the Defendant’s spouse, smelling and smelling the Defendant, and the Defendant’s speech and behavior is divided into red, and the Defendant’s blood color is red.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements 1, written statements made under the circumstances of the driver involved in the incident and investigation reports (report on the circumstances of the driver involved in the incident);

1. Notification of the results of crackdown on drinking driving;

1. Application of investigation reports (suspect drinking and confirmation of driving), investigation reports (verification of hours after the driving of a suspect) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. If the grounds for sentencing under Article 62-2 of the Criminal Act include a long-term history of sentencing, the Defendant has been punished four times since 2002 or more for drinking driving, and one of them is the case where the Defendant was placed prior to a suspended sentence.

Nevertheless, the Defendant driven a vehicle without any reflector while drinking, and the Defendant also refused to comply with the police officer’s demand for a lawful drinking test. The instant crime is not suitable for the nature of the crime.

A sentence of suspended execution shall be imposed by selecting and punishing a criminal defendant's act, in consideration of the records of the previous suspended execution, the last drinking driving force, the interval between the crime in this case and the fact that the criminal defendant's mistake is recognized.

In addition, the circumstances of the drinking driving, the distance and place of the drinking driving, the details of the control, the age, character and conduct of the defendant.