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

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

Punishment of the crime

On April 2, 2017, the Defendant, while driving a dlearning car in the direction of 500 meters away from the Do in front of the Do in front of the Do of the Kimhae-si, Kimhae-si to the 153 good adjoining Mart, 2017, he was driven under the influence of alcohol by the Defendant, after receiving a report from F to the police officer belonging to the police station of the Jung-gu, Kimhae-gu, who discovered that the Defendant her frighting the central line and driving the frighting on the ground, while driving the frighting car in the direction of 50 meters away from the Do in front of the Do of the Do of the Kimhae-si, Kimhae-si to the 153 good adjoining road.

On April 2, 2017, when there are reasonable grounds to determine a person, he/she was requested to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times around the same day, around 03:20 on the same day, and around 03:30 on the same day.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

The application of the Act and subordinate statutes of the State driver's circumstantial statement report by the defendant

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

2. Article 53 or 55 (1) 3 of the Criminal Act to mitigate the amount of loss (see, e.g., Supreme Court Decision 2019Da1448, Apr. 2, 2011)

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;