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

On April 14, 2019, at around 01:49, the Defendant was driving in front of the apartment house B at Dongducheoncheon-si, and the lower part of street lamps, etc. in front of the left side of the said passenger car was set at the lower part of the street lamps, etc., and there was reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol to the Defendant and sprinking on the face of the D Zone in the Gyeonggi-do Police Station D Zone for the 112 Report and called at the site. Accordingly, the Defendant was demanded to comply with a drinking test in such a way as to put the Defendant into the drinking measuring instrument three times from around 02:17 of the same day to 02:32 of the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site photographs;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Even before the reason for sentencing Article 62-2 of the Criminal Act, the defendant has been punished several times for the same kind of crime, such as drinking driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and refusal of drinking measurement.

Nevertheless, while driving a vehicle under the influence of alcohol, it causes an accident involving street lights while driving it, and did not comply with the police officer's request for alcohol measurement.

However, the fact that the defendant's criminal act is against the defendant and the majority of the defendants want to take into account the circumstances favorable to the fact that social ties seems clear, such as the fact that the defendant's criminal act is against the defendant, and the defendant's wife want

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.