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 October 19, 2017, the Defendant was parked there while driving a Cchip car at the same parking lot of 20:21 Asan City B apartment on October 19, 2017.

D Driving a motor vehicle under the influence of alcohol, such as eM520 motor vehicles received a report and sent to the site by the Asan Police Station F District Assistant G of the Busan Police Station, faceed with red, unbandted and unbandted.

Although there are reasonable grounds to determine a person, even though he/she was requested to respond to the measurement of drinking by inserting a drinking measuring instrument three times from around 21:38 of the same day to around 21:58 of the same day, he/she failed to comply with it without justifiable grounds, such as failing to put it in a proper manner, and evading it.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of H’s traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver in charge, investigation report (18 pages of investigation records), and copy of the ledger using a drinking measuring instrument;

1. Relevant criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act and the choice 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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture is a very dangerous crime that may cause unexpected behaviors to the life and family of others by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case even though he was punished twice by a fine due to drinking in the past. Meanwhile, the defendant is led to the confession of the crime of this case in this court, and the defendant has no special criminal power except for driving under drinking, taking into account all the circumstances revealed in the records of this case and the theory of changes.