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 became final and conclusive.

Punishment of the crime

When deemed necessary for the safety of traffic and the prevention of danger or when there exist reasonable grounds to recognize that a driver of a motor vehicle, etc. has driven under the influence of alcohol, police officers may measure the pulmonary examination whether the driver is under the influence of alcohol, and in this case the driver shall comply with the measurement by police officers

At around 00:30 on September 6, 2020, the Defendant, while driving a DM5 vehicle at the front of the C Hospital located in the Hasan-si B, the Defendant, who received a report of 112 that there was a drinking-free vehicle while driving the DM5 vehicle at the front of the C Hospital, had the vehicle under the influence of alcohol, and was asked by F, a police officer belonging to the E Zone E Zone of the Hasan Police Station, to be aware of the fact of drinking-free driving. Accordingly, the police officer, in front of the H Hospital located in G at the same time, parked in front of

Then, there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as smelling, by the above police officer, from 00:36 to 00:48 of the same day, the Defendant requested the Defendant to comply with a drinking test by inserting the respiratory in the manner of injecting the breath of a drinking measuring instrument three times before the above HH hospital on the same day. However, the Defendant merely performed the breath at the entrance of the drinking measuring instrument, but did not comply with the police officer’s request for a drinking test without justifiable grounds, by avoiding the measurement by means of the breath of the breath or preventing the breath from drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (Listening to statements by enforcement officers, etc.), and criminal investigation reports;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is given that the defendant committed the crime of this case, its details, and the escape.