A defendant shall be punished by imprisonment for six 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 May 21, 2019, the Defendant was required to comply with the drinking test by inserting the vehicle in a manner of drinking, from around 22:10 to 22:20 on the same day, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s snow dice, the Defendant’s eye of the police box of the Pakistan, the Defendant’s walk, and walking with the string of the horses, which was dispatched after having been reported 112 to the effect that “the vehicle has broken away along the drain route.”

Nevertheless, the defendant did not comply with the alcohol alcohol measurement by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of field photographs, a situation report on driving under the influence of alcohol (No. 4), and the results of the influence of alcohol driving control;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not that the defendant operates a vehicle in a drinking state and refuses to take a drinking test.

In 2004, the defendant has been subject to criminal punishment for a violation of the Road Traffic Act.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.