On May 6, 2019, at around 01:50, the Defendant received a report on the 112-round the C cafeteria located in Suwon-gun B of North Korea, and received a 112-round notification that the Defendant was driving under the influence of alcohol, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, etc. from D through the process of belonging to the Suwon-gun Police Station, and requested the Defendant to voluntarily drive in the E zone in the neighborhood. On the other hand, the Defendant was demanded from the E zone to 02:04 on a 15-minute of alcohol in the same day.

Nevertheless, the Defendant refused to comply with the demand of a police officer for the measurement of alcohol without justifiable grounds by avoiding it in a manner that does not have a site to sustain a drinking measuring instrument or does not put the respiratory in a proper place.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to photographs taken at the time alcohol control is requested;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “permissible circumstances”)

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances in the imprisonment for a period of eight months, taking into account the defendant's age, character and conduct, environment, motive, means and result of the crime, and the various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, etc.

[Unfavorable Circumstances] The drinking driving of a motor vehicle is a crime that may cause serious damage to the life, body, or property of another person, resulting from social harm and the law of the people.