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 5, 2016, the defendant was issued a summary order of one million won for the violation of the Road Traffic Act in the Gwangju District Court's net order support on April 5, 2016.

On May 28, 2019, at around 23:24, the Defendant was required three times to respond to the measurement of alcohol by inserting alcohol measuring instruments between approximately 20 minutes, such as making drinking while driving a bran-free car in front of the river station in a state of drinking on the front of the road. There is a reasonable ground to recognize that the Defendant was driving under the influence of drinking, such as making drinking by drinking-free D from the circumstances belonging to the Innish Police Station C, and making drinking-free bran-car in the face, and making it possible to recognize that he was driving under the influence of drinking.

Nevertheless, the Defendant, from around 23:42 on the same day to 23:59 on the same day, did not comply with the demand of a police officer to take a sob alcohol test at least three times without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (the state of refusal to measure alcoholic beverages);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to a fine on one occasion due to drinking driving, refused to measure drinking. This case is an act committed after the Road Traffic Act was amended on December 24, 2018 and enforced, which is a strong punishment for drinking driving, etc., and the act committed before the enforcement of the Road Traffic Act, the defendant's mistake is against the defendant, and there is no record of criminal punishment exceeding the fine, and other defendant's age, character, character, environment, family relationship, circumstances leading to the instant crime and circumstances after the crime, etc., shall be taken into account as ordered.