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

[criminal power] On June 19, 2008, the defendant was punished four times for the same crime, such as receiving a summary order of a fine of three million won for a violation of the Road Traffic Act from the Southern District Court of the Jeonju on June 19, 2008.

【Criminal Facts】

Around 20:50 on September 8, 2020, the Defendant driven a B car and driven a “D” cafeteria in front of a restaurant in South Won-si, and confirmed that drinking control was conducted on the front side of the road at the front of the road, and proceeded with the front door of the 7733 unit of the neighboring Army by changing the course of the vehicle, and then, the Defendant was standing the vehicle without permission at the entrance of the door at the front door.

In addition, there are reasonable grounds to suspect that the defendant driving under the influence of alcohol, such as drinking at the inspection of the Southern Police Station E Assistant Police Station, which had arrived at the front of the above military unit due to driving of the defendant, was driven under the influence of alcohol, and the defendant's walk was in a breath and inside the inside of the inside, and thus, the above police officer was required to comply with the drinking test by putting the drinking breath in a breath, but the defendant was requested to comply with the above police officer's request for the above drinking test three minutes from around 21:08 to 21:21 of the same day, without complying with the police officer's request for the above drinking test at least three minutes from around 21:08 to around 21:21 of the same day, and avoided it by making a statement that

As a result, although the defendant had been punished as a crime of drunk driving, he did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, and report on internal investigation (specific details of the suspected suspect, CCTV-related, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Discretionary mitigation;