A defendant shall be punished by imprisonment for not more than ten 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 June 4, 2019, at around 00:34, the Defendant: (a) received a report from a drinking driver on the road in front of Gwangju Mine-gu, Gwangju, and received a report from the captain D, who was in charge of the police box of the Gwangju Mine Police Station C, and was called for, the Defendant failed to comply with the drinking test of a police officer for about 10 minutes on the ground that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling and smelling, divided the face, reding, etc., but failed to comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant legal provisions and Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have already been punished two times or more by drinking driving.

Nevertheless, it is not good to commit a crime such as not only the defendant's driving under the influence of alcohol, but also the non-compliance with the alcohol measurement by the enforcement officer without any justifiable reason.

However, the execution of a sentence shall be suspended in consideration of the fact that there is no particular criminal record except for the two times of drinking driving, the fact that all the previous criminal records of drinking driving are previous years of 2003 and are punished by a fine, and the fact that the defendant is trying not to drive a drinking again and is hard enough to do so, etc.

In addition, the motive of drinking driving, the place and distance of drinking driving, and other circumstances after the crime.