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 January 7, 2015, at around 21:30 on January 7, 2015, the Defendant: (a) deemed that the victim’s market value under the influence of alcohol in front of the C cafeteria located in Sinjin-si B is protruding the vehicle height on the Non-Merchant E E E, E, E, E, E, E, and stolen the vehicle while driving the vehicle.

2. Violation of the Road Traffic Act (Refusal to take a drinking level) provided that the Defendant neglected the stolen vehicle as referred to in the above paragraph (1) on the road at the front of the Sinjin-si in front of the date and time set forth in the above paragraph (1) and did not comply with a police officer’s request for a drinking test without justifiable grounds, such as evading the demand for a drinking test by inserting the vehicle into a drinking measuring instrument three times for about twenty-five minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving of the vehicle under the influence of alcohol by the head of the Gyeongjin-gu Police Station G District Unit of the Sinjin-gu Police Station, which was dispatched after receiving a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements of D;

1. Report on the state of his/her oral statement, investigation report, denial of measurement;

1. Application of seizure records and on-site photographs statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

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;

1. The defendant asserts that the defendant's assertion of Article 62-2 of the Criminal Act regarding community service and lecture attendance order was in a state of mental disorder or mental disability at the time of the instant case.

According to the records, the defendant may be recognized that he was drinking at the time of the crime of this case, but the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the defendant's speech before and after the crime of this case.