A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 23:10, 2020, the Defendant driven a ewing truck while under influence of alcohol at a section of about 1 km from the front side of the west-gun B to the front side of the 'D' in the former west-gun C.

If there are reasonable grounds to determine a person who is under the influence of alcohol, he/she did not comply with a request for the measurement of alcohol without justifiable grounds, even though he/she received a request from G on January 9, 2020 to 00:25 of Jan. 10, 2020, to respond to the measurement of alcohol in such a manner as to put the breath into the breath during the influence of alcohol, after receiving 112 report to the effect that he/she drives the said vehicle while under the influence of alcohol and sound the booming and avoiding the disturbance.

Summary of Evidence

1. Statement of the police made by the defendant to H in the court;

1. Application of Acts and subordinate statutes 1 to ctv video recording CDs, such as a statement report on the situation of the driver in charge of the State, on-site photographs, and ctv video photographing

1. Relevant Article of the Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case committed by the defendant with the reason of sentencing Article 62-2 of the Criminal Act shall have driven alcohol by the defendant;

Despite the fact that there are reasonable grounds to determine a person, the police officer's request for measurement of drinking is in contravention of the request for measurement, and there is a need to strictly punish him/her in order to effectively regulate driving of drinking and to punish him/her corresponding to his/her criminal liability.

However, considering the fact that the defendant recognizes his criminal act, there is no record of criminal punishment exceeding a fine, and other circumstances revealed in the trial process of this case, such as the defendant's age, health status, sexual conduct, family relationship, environment, etc., the punishment as ordered shall be determined.