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

On June 12, 2014, around 14:40, the Defendant: (a) driven a D D D D D D D DD vehicle on the street in Seosan-si B; (b) reported the site where a drinking-free driver was on duty; and (c) was under the influence of alcohol, the Defendant was required to measure the drinking by inserting it into a drinking measuring instrument for about 30 minutes on the face, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling a smell on the face, and putting it into drinking.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. An explanatory note for each control;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has already been punished for drinking driving on several occasions, but the defendant again makes a drinking driving and refused to make a request for the measurement of drinking alcohol by police officers. This provision does not apply to the nature of the crime that is minor.

However, in light of the fact that the defendant was waiting to commit the crime of this case, reflects the mistake in depth, and again he is expected not to drive drinking, the defendant's age, family relationship, economic circumstances, criminal records, etc., and the sentence is determined as per the order and the execution of the sentence is suspended, but the defendant is ordered to attend the community service and the compliance driving lecture.

It is so decided as per Disposition for the above reasons.