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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.
Reasons
Punishment of the crime
On January 4, 2015, around 12:45, the Defendant: (a) driven a Maz vehicle in the state of drinking, from the front side of the scambridge, which is located in Goyang-gu, Seoyang-gu, Seoyang-gu; (b) from the front side of the scambridge, to the front side of the 1606 Samdong-ro 149, and was parked in the said parking lot.
The Defendant was requested to comply with a drinking test in a manner of inserting the whole in a drinking measuring instrument four times, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as G in the circumstances where he/she belongs to the said district zone G, a slope He/she was in the influence of alcohol, smelling, red view, etc., at the F District E in Gyeyang-gu from 13:29 to 14:02 on the same day, and avoided it.
As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the report on detection of a drinking driver, the circumstantial report of a drinking driver, and the Acts and subordinate statutes concerning refusal of measurement of drinking;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Crimes for which the sentencing criteria are not set;
3. Two years of a stay of execution, etc. for one year of imprisonment with prison labor for a decision of sentence (including the fact that the defendant is against his/her will, the fact that the defendant has a dependent to him/her, the circumstances and circumstances leading to drunk driving and detection, criminal records of the same kind, and the defendant wishing a stay of execution