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.

Punishment of the crime

[Criminal Power] On May 17, 2017, the Defendant received a summary order of KRW 1,500,000,000 from the Jeonju District Court's Military Mountain Branch as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 21, 2020, the Defendant, while under the influence of alcohol at around 08:50 on January 21, 2020, operated Cdisber SDR 4 car in the front of the Defendant’s residence in Gunsan City B, and passed the “E” located in D in the same city at the same time. On the same day, around 09:44 of the same day, the Defendant requested the Defendant to comply with a drinking test by inserting the breath of alcohol in the manner of inserting the breath of the F District of the Military Police Station, which was dispatched after receiving a report from the Defendant at around 09:4, there is considerable reason to recognize that the Defendant was under the influence of alcohol such as smelling and smelling on the face of the Defendant, and thus, he did not comply with the request for a drinking test by a police officer without justifiable grounds.

As a result, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. On-site photographs refusing to measure drinking, reports on the statement of the status of a drinking driver, investigation reports (Evidence Nos. 10, 13), CCTV closure photographs;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 24) and the application of Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is recognized as the crime of this case, the fact that there is no record of criminal punishment exceeding the fine, the fact that there is a record of punishment for the crime of driving under the same kind of alcohol, and the defendant's age, character and behavior, environment, and the circumstances before and after the crime of this case, etc., all the conditions of sentencing that are