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

On June 19, 2017, at around 21:53, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant from the slope F belonging to the Seoul Yangcheon Police Station E-gu, Seoul, where the Defendant was working on a DK7 motor vehicle on the front of the cel located in Yangcheon-gu Seoul Metropolitan Government, upon receiving a report that the Defendant driven a motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking into a drinking measuring instrument over about 17 minutes.

Nevertheless, the Defendant did not make a false statement that he/she had driven, and refused to take a measurement, and did not comply with a police officer's demand for alcohol measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures are as follows: although the Defendant had been punished on several occasions due to drinking driving, driving without a license, etc., the nature of the crime is not good, such as drinking again, driving, etc., but there are favorable circumstances, such as the confession, reflect, and the driving distance is not long.