A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a driver of a fixed cargo vehicle C.

On August 24, 2014, at around 18:30, the Defendant driven the above cargo vehicle after drinking alcohol at the E’s house of the E-gu, 19:40 meters after driving the vehicle at around 70 meters from the entrance of the Gel located in F, and received a report during parking, and controlled the vehicle under suspicion of drinking driving by the police box operator I, etc.

The Defendant was required to take a drinking test from the Inspector I, etc. on the grounds that there are reasonable grounds to recognize that the Defendant was driving of a cargo while under the influence of alcohol, such as heavy snow on the I’s inquiry, fluoring of pedestrian conditions, fluoring a nature, face, snow, and smelling, and smelling.

Nevertheless, the Defendant, from August 24, 2014 to April 21:48 of the same day, did not comply with the police officer’s request for the measurement of drinking alcohol on three occasions at a police box of the Netcheon Police Station from around 21:18 to at least three occasions without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A statement prepared by K;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, committed the instant crime despite the fact that the Defendant had been punished for refusing to measure the same kind of drinking on several occasions, and the nature of the offense is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.