A defendant shall be punished by imprisonment for six 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 September 11, 2016, the Defendant: (a) while driving a rac car while drinking on the road in front of 208 at the New Dong-ri, Seo-gu, Busan, Seo-gu, 111, Seo-gu, Hayang-gu, Hayang-gu, 3 111, on the road in front of 208; (b) was under influence on E, the police officers belonging to the Korea Police Station, who was dispatched to the site after receiving a 112 report.

피고인은 단속 당시 위 승용차의 시동을 켠 채로 운전석에 앉아서 잠을 자고 있었고, 변속 기어가 후진으로 되어 있었으며, 피고인에게 서 술 냄새가 나고 얼굴에 홍조를 띄는 등 술에 취한 상태에서 운전하였다고

Although there are reasonable grounds to determine a person, from around 01:08 to around 01:36 of the same day, he/she was requested to comply with a drinking test by inserting the whole in a drinking measuring instrument three times in total from the above E, but he/she did not drive it.

The police officer did not comply with a police officer's request for alcohol testing without justifiable grounds by refusing to measure alcohol consumption.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Application of each field control photograph Act 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. Taking into account the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and reflected, the fact that there are two times before drinking drivers, the family members are dependent, the reason why they refused to measure drinking, etc.;