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

On September 30, 2014, at around 07:00, the Defendant parked on the side of the road while driving a drinking on the road near the Taeyang-dong, Taeyang-do, Taeyang-do.

Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the fact that the Defendant was smelled, fluoring, and fluoring in the driver’s seat, etc., during the 112 patrols, the Defendant was demanded to comply with the measurement of alcohol by inserting the breath during the 112 patrols by inserting the breath police box, which found the said cargo, over about 35 minutes from E.

Nevertheless, the defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument and avoided it by viewing it as a method, and did not comply with a police officer's request for a drinking-free measurement

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A copy of the usage register of measuring instruments for drinking;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

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 a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.