A defendant shall be punished by imprisonment for six 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 July 29, 2016, the Defendant driven C truck with drinking alcohol at a place where it was frightened to drinking, and was temporarily stopped on the road in front of the sampling site located in the Yongsan-si, Sincheon-si, Sincheon-si on July 29, 2016. At around 23:27 of the same day, the Defendant driven the Defendant under the influence of alcohol, such as smelling and smelling the Defendant on the face, by drinking from E, from the circumstances where the Defendant was affiliated with the police box of the Chuncheon Police Station, dispatched upon receipt of a witness’s report.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger for using drinking meters and the report on the circumstances of drivers of drinking alcohol;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing in Article 62-2 of the Criminal Act does not apply to the observation of protection and order to attend lectures.

In light of the risk and social harm of drinking driving, there is a need for strict punishment for the crime of this case, and the defendant has already been punished for the crime of violating the Road Traffic Act (Refusal of drinking), and there are some unfavorable circumstances such as the records of punishment for the crime of drinking driving more than twice.

On the other hand, the defendant has already repented his mistake in depth, and hardened that he will not repeat the crime, and the above previous convictions are previous crimes before 2011, and the defendant has no record of having been sentenced to imprisonment or heavier punishment for a crime related to drinking driving.