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 April 11, 2017, the Defendant: (a) while driving a Crocco vehicle while drinking alcohol on the front of the career point of the former North Korean bank, located in 294, in the front of the former North Korean bank, with the intention of drinking on April 11, 2017, and was reported that the occurrence of the traffic accident occurred; (b) was smelled by the Defendant from the circumstances E belonging to the D District Unit of the former Busan District Police Station, and was under the influence of drinking on the face.

Even if there are reasonable grounds to recognize a so-called "breath alcohol measuring instrument", a police officer's refusal to take a measurement of drinking on the same day, such as refusal to take a measurement of the first alcohol on the same day, refusal to take a measurement of second alcohol around 02:54 on the same day, refusal to take a measurement of the third alcohol on the same day, refusal to take a measurement of the third alcohol at around 02:59 on the same day, and refusal to take a measurement of the fourth alcohol around 03:04 on the same day, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation:

1. Selection of imprisonment with prison labor as provided for in Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense subject to the applicable Acts and subordinate statutes of the investigative report (report on the circumstances of the driver in charge);

1. Various circumstances, including observation of protection under Article 62(1) of the Criminal Act under the suspended sentence of execution under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity, the age and occupation of the defendant for sentencing under Article 62-2 of the Social Service Order and Order to attend a lecture, his/her living environment, and the fact that the defendant was punished several times by a fine due to drinking, in particular, due to driving of alcohol, etc.;