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 January 29, 2018, the Defendant: (a) driven a CK3 car around 02:30 on January 29, 2018, while driving the CK3 car on the 46-day dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do,

The circumstances E, etc. belonging to the Jeju Police Station D District of the Jeju Police Station, which is a public official in charge of the control of drinking, found that the above defendant's driver's vehicle was smelled from the defendant's entry and the driver's vehicle was driven, and the drinking reaction was reduced.

Although the Defendant demanded a measurement of drinking alcohol due to considerable reasons, the Defendant refused the demand for a measurement of drinking more than three times from that time until 02:48 on the same day.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. A report on investigation, etc. and a report on investigation;

1. Application of statutes governing field photographs related to the measurement of drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has been punished twice for a violation of the Road Traffic Act since 2010, once again, the Defendant committed a second offense; the background leading to the crime; the circumstances after the crime was committed; etc., such as the Defendant’s crime committed a second offense.

In addition, the sentencing conditions, such as the defendant's age and environment, shall be considered together, and the sentence shall be determined as per the order.