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

1. On August 22, 2015, around 04:26, the Defendant did not comply with the request for a alcohol testing without justifiable grounds even though he was subject to the request for a alcohol testing, on the grounds that there are reasonable grounds to recognize that the Defendant had driven a H-burged motor vehicle under the influence of alcohol by drinking, such as drinking, drinking, drinking, drinking, drinking, etc. on the front of the Dlaundry site in Dacheon-si, in front of the Dlaundry site in Dacheon-si, F in the background of the E zone belonging to the Incheon Police Station E zone,

2. On August 22, 2015, around 04:27, the Defendant damaged materials for public use, at the place specified in paragraph (1), to have a drinking measuring instrument (E9026), which was cited by I for a policeman belonging to the Incheon Police Station E-district of the E-district of the Police Station, on the floor, put the alcohol measuring instrument on the floor and used by public offices for repair costs of KRW 825,00.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J and K;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Investigation report (as to the situation at the time of damage to the sound measuring instrument)

1. An investigation report (investigation of a written estimate attached);

1. Application of Acts and subordinate statutes for explaining on-site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and Article 141 of the Criminal Act (the occupation of damage to public goods and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has refused to take a drinking test without any justifiable reason, and further damaged a drinking measuring instrument which is a public object. Such an act is very unfavorable to the defendant, and the defendant has completed compensation for the drinking measuring instrument which is a public object, and the defendant has led to confession of the crime of this case and is against the defendant.