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 March 10, 2018, at around 23:37, the Defendant driven a motor vehicle with lurburged B while under the influence of alcohol, such as hurbing red light at the entrance of a mar market located in the Southern-gu Seoul Metropolitan City, Nam-gu.

There are reasonable grounds to determine the person, so even though the superintendent of the police station in Gwangju Nam-gu requested to take a drinking test, the person did not comply with the request.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to photographs refusing measurement;

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

1. The crime of this case by failing to comply with a police officer’s request for lawful drinking test on the reason of sentencing Article 62-2 of the Criminal Act is not sufficient to commit the crime of this case;

Moreover, if the defendant has long-term electric power, he has been punished four times or more by a fine due to drinking driving.

A person shall be selected and punished by imprisonment, but a suspended sentence shall be sentenced in consideration of the fact that there is no record of punishment exceeding a fine so far.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, sex, environment, etc.