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

On April 28, 2019, at around 13:48, the Defendant was required to respond to the measurement of alcohol by inserting alcohol into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, smelling, etc. from F to the police box belonging to the Jeju Special Self-Governing Province, who was called upon the notification of 112 that he was a person driving under the influence of alcohol while driving DF on the front of C in the state of drinking on the front of C at Jeju at around 13:48.

Nevertheless, the Defendant alleged that he did not drive a vehicle, and did not put in all the part of a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), a drinking driver, a report on the actions of a drinking driver, inquiry into the results of the crackdown on drinking, and the application of related Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize and reflects the defendant's mistake, the defendant's previous convictions are twice the same kind of fine, and the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account all the sentencing conditions as shown in the records and arguments