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 18, 2014, when the Defendant driven D Poter freight vehicles in front of Eunpyeong-gu Seoul Metropolitan Government while drinking alcohol, and carried on an illegal U-turn, the Defendant responded to the alcohol test by means of inserting the alcohol measuring instrument over 50 minutes, or demanding consent to blood collection, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling at the Defendant’s entrance from the slope E belonging to the traffic safety department of the Seo-gu Police Station that controlled it, snicking on the Defendant’s face, setting a red light, etc.

Nevertheless, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, such as refusing to consent to drinking and blood collection.

Summary of Evidence

1. Defendant's legal statement;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting the crime.

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the drinking or non-licensed driving power several times, the fact that there is no criminal record exceeding the fine, and other various sentencing conditions shown in the argument of this case