A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 21, 2017, while driving CPoter II cargo vehicles around 22:40 on June 21, 2017, the Defendant reported that police officers were under the influence of drinking on the road before Gangdong-gu Seoul Metropolitan Government D, and that the above cargo vehicles were set at the edge of the road, and the Defendant was arrested by the F of the Seoul Gangnam Police Station E in order to escape.

The Defendant continued to drive under the influence of alcohol, such as the Defendant’s smell G et al. belonging to the Seoul Gangnam Police Station E and one other, smelling from the Defendant, and getting off from the cargo vehicle as above.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the whole influence of drinking three times for about 10 minutes from around 23:02 to around 23:12 on the same day.

Nevertheless, the Defendant refused to put a part of drinking so that he was under the influence of alcohol, and failed to comply with a police officer’s drinking measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the control of H, I, F, and G;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Making teas;

1. Photographs;

1. Application of CD-related 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 suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, the sentence as ordered shall be determined as above.

It is against the defendant's depth that his previous power has been ten years, together with the fact that he has a driving power for drinking.