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 30, 2018, the Defendant was required to respond to a drinking test by inserting approximately 1 km section from the front of the Seog-gu Office in which it is impossible to identify the trade name in the Seogdong of Daegu to the front of the Daegu Seo-gu Office to the front of the Daegu Seo-gu Office B, while driving a rac vehicle while under the influence of alcohol, and the Defendant was required to respond to the drinking test by inserting it into a drinking measuring instrument at around 02:20 on the same day from the border E belonging to the D District of the Daegu Seo-gu Police Station, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, heavy face, red, breading, and a string-distance, etc.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had the record of criminal punishment for the same crime, has committed the crime of this case at the same time, and the traffic accident has occurred, and the defendant is against the time of committing the crime of this case, and other circumstances shown in the argument of this case are considered.