A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 15, 2016, around 02:13, the Defendant is driving a vehicle with a d SM5 vehicle driver's seat while drinking alcohol on the front of the C convenience point located in Ischeon-si B.

Since there are reasonable grounds to recognize that a person was driven under the influence of alcohol by drinking, such as drinking, smelling, face, red, drinking, etc. from the slopeF belonging to the Gyeonggi-do Police Station Embox, which was called out after receiving a report from 112 among the persons who was diving while taking the balk, and was in the influence of alcohol, and thus did not comply with the drinking test by inserting approximately 35 minutes of the alcohol measuring instrument, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Sluri circumstances] The reason for sentencing under Article 62-2 of the Order to Attend Education, the reason for sentencing under Article 59 of the Act on the Punishment, etc. of Probation, the fact that there is only one time of fine (unfeasible circumstances] driving in the state of detention at the time of the instant crime, and the fact that there was a record of being punished for a fine of three million won due to a violation of the Road Traffic Act even in December 2014 (0.153% of alcohol level at the time