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

1. Around 00:35 on June 23, 2020, the Defendant driven C-II cargo vehicles under the influence of alcohol content of at least 0.199% from the roads of mutual influence in Sacheon-si, Sacheon-si to the front road of the underground parking lot of the building B at the same time.

2. On June 23, 2020, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) around 01:25, 2020, the Defendant was demanded to comply with the drinking alcohol measurement at around 01:40 on the same day on the ground that: (a) around 01:25, the Gyeongnam Police Station E-gu, Gyeongcheon-si; (b) controlled criminal facts such as Paragraph (1); (c) carried out a drinking measurement; and (d) handed over the Defendant’s wife F, who was the Defendant’s wife, carried out a second-class cargo to drive again; and (e) was subject to the control of drinking alcohol at around 0

However, the Defendant: (a) carried a drinking-free measuring instrument in his hand; and (b) carried out a attitude that seems to see the police officer’s drinking, and (c) failed to comply with a police officer’s request for a drinking test without justifiable grounds, by clearly indicating a police officer’s intention to refuse to take a drinking test, such as attempting to go out of the said area, while taking a attitude that is likely to go out of the said area.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of each drinking driver, investigation report (No. 8, 12, 13, and 16 No. 16) and notification of the results of the control of drinking driving;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), the choice of imprisonment for each sentence;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act has been discovered by the defendant for the reason of sentencing and again refused to measure drinking after drinking driving. The nature of the crime is bad and at the time of driving.