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

Around 18:28 on December 11, 2018, the Defendant was driving at the front parking lot of the Jinju-si B apartment C, and was under the influence of alcohol, and the Defendant was moving to the above police box at around 19:05 on the same day by an assistant F of the Gyeongnam Police Station Eagu, which was dispatched to the said place after receiving a 112 report of the residents of the above apartment, and called to the said place by a slope F and a slope G.

At the time, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in his/her entrance, bringing, unbringing off his/her shoulder, and her face, etc., and thus, he/she was requested by G to respond to a drinking test by inserting the breath during a total of four times between around 19:09 and around 19:28 on the same day, but he/she avoided it by means of making the breath of the alcohol measuring instrument sealed, refusing to put the breath of the breath, etc.

As a result, the Defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

112 Application of the 112 Report List, report on the circumstantial statement of a host driver, investigation report, suspect refusal to measure, and application of Acts and subordinate statutes to field photographs;

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. The reason for sentencing under Article 62-2 of the Criminal Act - The fact that the crime is recognized and divided three times after 2010, including two times in the last five years - There is no history of punishment exceeding the fine.