A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 3, 2018, the Defendant: (a) around 04:14, the direction at the entrance of the public-private partnership 276-2, the Government of the Republic of Korea, on the roads of the entrance of the public-private partnership 276-2, the Defendant “to drive a motor vehicle while driving a motor vehicle and reporting on the change of the motor vehicle again.

B (F. S., E. S.) was found to be in the vicinity of the B cruise vehicle that was set up on the road by the police box C of the Speaker Police Station C, who was called upon 112 report, and was under the influence of alcohol by the Defendant, including a large amount of drinking and smelling on the face.

Since there are reasonable grounds for appointment of a person, the police officer D was required to respond to the measurement of drinking by inserting the whole breath in a drinking measuring instrument.

Nevertheless, the Defendant refused a police officer’s request for the measurement of the first alcohol alcohol level at around 04:14 in a manner that does not properly breath the above alcohol level, and refused a police officer’s request for the measurement of the second alcohol level at around 04:19 on June 3, 2018, and refused a police officer’s request for the measurement of the second alcohol level at around 04:24 on June 3, 2018, and refused a police officer’s request for the measurement of the third alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

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

1. Although the Defendant had had previously been punished for driving under drinking even before the sentencing of Article 62(1) of the Criminal Act, he/she had been driving again under the influence of driving under the influence of alcohol and refused to comply with a police officer’s request for measurement of drinking.

In light of the words and actions of the defendant before and after the crime, the defendant seems to have driven in the state of personal participation.

In the process of measuring drinking alcohol and arresting flagrant offenders, the Defendant continued to have a police officer's desire to commit a crime.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.