A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On December 3, 2016, at around 06:28, the Defendant was required to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument three times for about 30 minutes on the ground that: (a) the Defendant driven a BM5 car at the three-lane 3 lane in front of the Gosi-dong apartment of Gwangjubuk-gu, Gwangju, and reported that the said driver was locked; (b) the police officer slope D belonging to the police station in the Seoul Northern-gu, Seoul; and (c) the Defendant’s face is shocked; and (d) the Defendant’s face is shocked.

Nevertheless, the Defendant avoided the measurement of drinking alcohol by rejecting it.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the fact that there was a record of being sentenced to a fine twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there was no record of crime exceeding a fine, the fact that there is no record of crime, the defendant's age, sex, criminal conduct, environment, circumstances of crime, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, circumstances after the crime, etc.