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

【Criminal Power】 On March 3, 2009, the Defendant was issued a summary order of 1.5 million won by the Busan District Court for a violation of the Road Traffic Act, and has the same criminal records on two occasions.

【Criminal Facts of Crimes】 On November 13, 2013, the Defendant: (a) on the road in front of the “Ecafeteria” located in Busan City/Gu, on the road; (b) while driving a FF low-speed motor vehicle; (c) there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and red-lighting, etc., he/she failed to comply with a drinking test by inserting about four minutes from the slope G of the transportation survey department of the Busan Urban Police Station for about 26 minutes from the Busan Urban Police Station, but failed to comply with the drinking test by inserting the whole-out to a drinking measuring machine for about 26 minutes;

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on traffic accidents, reports on driving of jun drivers, reports on de facto statements of jun drivers;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (in light of the fact that the defendant requested a vicarious driving and the distance of drunk driving is shorter, considering the fact that the defendant seems to have driven a vehicle of the defendant in order for the proxy driver to find the vehicle of the defendant, the defendant is deemed to have driven a vehicle of the defendant, the fact that there is no other criminal power in addition to a fine imposed on three occasions due to the same crime, and the defendant is against the law

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;