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 of the final judgment.

Punishment of the crime

At around 03:50 on September 25, 2016, the Defendant was slicked to the Ulsan-nam Police Station by Ulsan-nam Police Station C District Police Station, which was dispatched after receiving an accident 112 report in the front of the school, while driving a B-purd motor vehicle at around 500 meters in the state of drinking on the road near the Ulsan-gu Busan-dong Trade Center, Ulsan-gu, Ulsan-do, Busan-ro 95-ro 2.

On the same day: 04:50 on the same day, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the reduction of drinking alcohol reaction, smelling from the body of the Defendant, making a smelling on the face, making a redlight, etc., at the Ulsan-Nam Police Station, and thus requested a police officer belonging to the same police station to comply with a drinking test by inserting four minutes in the form of a drinking measuring instrument for about 30 minutes from a police officer belonging to the same police station, but did not comply with the demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of each statute on photographs;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the same type of crime is repeated, the risk of repeating the crime, and the nature of obstruction of performance of the measurement of this case, etc., shall not be considered to be less than that of the crime; however, there is no record of punishment for a more than that of the suspended execution due to the same type of crime, or the defendant's personal circumstance

1. Probation and community service order under Article 62-2 of the Criminal Act;