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 May 22, 2019, the Defendant: (a) while driving a B low-priced vehicle owned by the Defendant at the parking lot of the Young-gu Office located in Young-gu Office located in Young-gu Office located in Yeongdeungpo-gu, Seoul on May 22, 2019, the Defendant received the front part of the C Driving D and the front part of the vehicle in the front side of the vehicle.

Since then, the Defendant was required to respond to a drinking test by inserting the breathm of around 22:51 on the same day, around 22:56 on the same day, and around 23:02 on three occasions, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a breath by a police officer belonging to the Yeongdeungpo-dong Police Station E Zone E-gu Police Station, who was dispatched to the site after having received a report of a drinking accident, and making it inaccurate and breathing on the face of the suspect, and making an inaccurate drinking

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (explosive circumstances, etc.);

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a person who has driven a drinking alcohol and failed to comply with the measurement of drinking alcohol by a police officer after receiving a report by the defendant, and the crime is not less than that of the crime, and the defendant has a record of being punished by a fine due to being discovered for drinking driving three times.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above three-time fine, and the age, character and conduct, environment, motive and circumstance of the crime, and means of the defendant.