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 January 11, 2019, the Defendant was required to comply with a drinking test by inserting it in total three times at intervals of five minutes from around 01:28 of the same day to around 01:43 of the same day, on the front of “C” in Jinju City, while driving D Ninsi on the front of “C” motor vehicle located in Jinju City, and under the influence of alcohol, such as smelling, smelling, snicking, snicking, and snicking, etc. from Jinju Police Station E AssistantF belonging to the Jinju Police Station, to the Defendant.

Nevertheless, the Defendant did not comply with a request for a lawful drinking test by a police officer without justifiable grounds, such as making it difficult for him/her to enter a drinking-free measuring instrument or enter a short period of time to prevent a drinking-free measuring instrument from operating.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), investigation report (limited to attachment of a suspect breath test image), investigation report (limited to photographs which refuse to measure drinking of a suspect);

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing under Article 62-2 of the Social Service Order or Order to attend a lecture - When driving alcohol, failing to comply with the inspection for the control of drinking alcohol driving, and refusing to take a drinking test after the police was stopped. The majority of the records of punishment due to drinking driving are recognized as crimes, and there is no history of punishment exceeding fines for the last 40 years.