A defendant shall be punished by imprisonment for one year.

except that 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 February 27, 2019, at around 23:02, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, driving, etc. from F of the border of the Busan National Police Station E affiliated with the Busan National Police Station, while driving the motor vehicle under the influence of drinking on the front of C in Busan National Cemetery B.

Nevertheless, the defendant avoided the respiratory method and did not comply with the police officer's request for a alcohol test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of one of the Acts and subordinate statutes to one copy of the usage register of investigation reports (pact-report on the circumstances of a drinking driver), drinking dacters (CA068); and

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. Although there is a history of being sentenced four times to a fine due to the driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, it is decided as per Disposition by taking into account the following: (a) there is no record of punishment for the same kind of crime since 2010; (b) there is against his mistake; and (c)