A defendant shall be punished by imprisonment for not more than ten 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 October 9, 2018, the Defendant driven a horse at Cri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri)

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.

Nevertheless, the Defendant, without any justifiable reason, failed to comply with a police officer’s request for drinking alcohol measurement by avoiding the entirety of drinking measuring instruments.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of alcohol, copy of the ledger using a drinking measuring instrument, a statement report on the situation of the driver of drinking and a report on the situation of driving of drinking;

1. Application of Acts and subordinate statutes on control field photographs;

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 (The following extenuating circumstances shall be considered among the reasons for sentencing).

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

1. Taking into account the fact that the Defendant had been punished several times due to drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s failure to comply with the police officer’s legitimate drinking measurement, and the nature of the offense is not good, the Defendant’s liability is not somewhat weak.

However, the trial of this case, such as the defendant's motive and circumstance against the mistake, the motive and frequency of the crime of this case, the contents and frequency of the previous records of the same kind, the circumstances after the crime, the age, sexual behavior, and economic circumstances, etc.