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

The defendant is a person who drives a low-speed car.

On March 28, 2019, around 22:32, 2019, the Defendant driven the said car within a section of about 300 meters from the front of the Dju's point located in Speaker C to the front of the F Bank located in Speaker E, and stopped.

At around 23:25 on the same day, the Defendant received 112 reports, and called “a person who suffers from a scam in the vehicle running on a road,” and received a 112 report, and met the alcohol measurement by inserting the Defendant’s scam on the face, and there is considerable reason to recognize the Defendant as having driven under the influence of alcohol, such as under the influence of alcohol, at the time of the reduction of alcohol by using the sobling apparatus, etc., and was demanded from around 00:02 to 00:14 on March 29, 2019 to comply with the alcohol measurement by inserting the whole in a breath during the period from around 0:0 to around 00.14.

Nevertheless, the defendant, in a manner that does not take part in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes, such as 112 reported case management table, vehicle photograph, etc.;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: One to three years of imprisonment;

2. Setting the sentencing criteria not;

3. The Defendant, who was sentenced, committed the instant crime even though he had the record of being punished for the crime of violating the Road Traffic Act around 2005, around 2006, and around 2014, committed the instant crime.

The previous punishment records of these defendants;