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 June 11, 2019, around 22:03, the Defendant: (a) driven a d bargaining vehicle at the Seongdong-gu, Sungwon-gu, Sungwon-gu, Sungwon-gu, Sungwon-si, B apartment C, and left the scene; (b) the police box F, who was in charge of the police box belonging to the Changwon-gu, Changwon-gu, Police Station, received a report 112 and called the scene, and requested the Defendant to measure the drinking alcohol by inserting the dice so as to put the Defendant into a drinking-free measuring machine for three times after making a sobreath of drinking; (c) however, the Defendant failed

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes governing the handling of 112 Report on the circumstantial statement of a drinking driver, investigation report, investigation report (in case of refusal to measure the drinking driving), field photographs refusing to measure drinking, and the handling of 112 Report Cases;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are more severe in that the Defendant, even though he had been subject to punishment twice due to drinking driving, was engaged in drinking without being aware of the past punishment, and that the Defendant refused the police officer’s request for measurement of drinking alcohol.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The defendant shall not have any record of punishment exceeding a fine due to drinking.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.