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 May 2, 2018, the Defendant driven a motor vehicle at C in front of the Special Self-Governing City B of Sejong on May 15:10, 2018, while driving a motor vehicle at C in the direction of drinking on the road. On the 112 report, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, washing on the face, putting a red light on the face of the police box dispatched from the slope belonging to the 112 report.

Since there are reasonable grounds to determine the person, it was controlled by drinking driving.

The Defendant, at the same place around 15:43 on the same day, requested a police officer to comply with a drinking test by inserting the whole breath of drinking in a manner of injecting three times from the above E, but refused to put the breath of the breath, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 reason for sentencing Article 62-2 of the Criminal Act is five times the punishment of a fine due to similar crimes until 2012, and the fact that an accident involving a substitute is disadvantageous to the defendant.

However, the above criminal records are prior to a considerable period of time, and the accident management seems to have been performed smoothly due to automobile insurance, etc., and the defendant's reflectiveness and other punishment shall be determined in consideration of sentencing factors in Article 51 of the Criminal Act.