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 of the final judgment.

Punishment of the crime

At around 04:20 on April 16, 2014, the Defendant was unable to proceed with a locked signal while driving the Jinbuk-gu Road in front of the Jinbuk-gu, Seoul Special Metropolitan City, with drinking alcohol, while driving the CMW car.

The Defendant was required to respond to the measurement of alcohol in a manner of inserting the breath of around 04:49 on the same day to put the breath of alcohol in a breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under drinking, such as smelling from E to the position of the D District Department of the Jeonju Police Station, making a breath of alcohol, and making a breath of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. The results of appearance, uniform, language, and attitude of a drinking driver;

1. Application of Acts and subordinate statutes to a report on investigation (related to photographing at the case site);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished twice due to drinking driving, is not less than the nature of the crime of this case in light of the fact that he committed the crime of this case. However, in light of the fact that the defendant led to the crime of this case, his confession and seriously reflects the crime of this case, there is no criminal record exceeding the fine due to the same crime, and the sentencing data recorded in the records of this case, such as the defendant's family environment, etc., the execution of imprisonment shall be suspended, and community service