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 19, 2018, at around 22:40, the Defendant, while drinking alcohol on the front of the Daegu-gu B building, was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes from around 22:53 of the same day to around 23:08 on the same day, on the ground that the Defendant, while driving of the said B-based truck on the front of the Daegu-gu B building, he was due to reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a large amount of smell, snicking, snicking, red, storming, and failing to make the horses clear.

Nevertheless, the defendant alleged that he responded to the drinking test and did not comply with the request for a drinking test by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Road Traffic Act to any report on detection of any suspect, notification of the results of the regulation of drunk driving, report on the situation of drunk driving, field photographs refusing to measure drinking, and the results of the regulation of drunk driving;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of criminal punishment for the same kind of crime, on the other hand, the defendant is against the time of committing the crime of this case, the criminal records exceeding the fine do not exist, and other circumstances shown in the argument of this case are considered.