A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

On September 2, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking snow, d division E of the Bupyeong Police Station D, Incheon, while driving a motor vehicle under the influence of drinking on the front of the Incheon Bupyeong-gu B, and the front of the road on September 2, 2018.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting the person in a manner of putting the person into a drinking measuring instrument (11:20 of the first, 2: 11:26 of the second, 3:3 of the third, 11:3 of the third) three times.

Nevertheless, the Defendant failed to take a measurement of a drinking measuring instrument and failed to comply with a police officer's request for a measurement without justifiable grounds, because the Defendant failed to take a measurement of a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. Application of the video CD-related Acts and subordinate statutes to which measurement is refused;

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. 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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, where the defendant did not comply with a police officer's request for measurement of drinking without any justifiable reason, and the defendant has a history of criminal punishment three times due to driving of drinking, and the driving of drinking is highly dangerous to harm another person's life, body, etc. and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant recognized the crime of this case, did not cause a traffic accident involving human and material damage while driving alcohol, and the booms the defendant's wife against the defendant, and the defendant does not drive drinking again.

It is hard to say that it is the defendant.