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 history] On October 11, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws at the Daegu District Court on the grounds of a violation of road traffic laws, and on February 6, 2013, the same court was sentenced to a suspended sentence of six-month imprisonment for a violation of road traffic laws.

[2] On September 25, 2015, the Defendant was driving under the influence of alcohol in front of the first apartment of the Yacheon-si, Yacheon-si, the first apartment of the Yacheon-si, 01:45 on September 25, 2015.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning 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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;