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 of the final judgment.

Punishment of the crime

The defendant is a person who drives B cargo vehicles.

On December 24, 2018, around 21:19, the Defendant: (a) requested the business owner D to move the said vehicle to another place in the vicinity of the cel on a third-party road; (b) while under the influence of alcohol, the Defendant driven the said vehicle at approximately 500 meters away from the cel road near the cel under the influence of alcohol to the cel road near the cel.

Since then, the Defendant was required to comply with the alcohol test for about 20 minutes on the grounds that there are reasonable grounds to recognize that the Defendant was making a drinking, such as being able to take a large amount of alcohol smell from G et al. and two other persons in charge of the police box called up after receiving a report from the above D on the driving of alcohol, and showing the reaction of alcohol in the measurement through a drinking-free engine, etc.

Nevertheless, the Defendant avoided the demand for a alcohol test and did not comply with a police officer’s demand for a alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (Report on the status of the driver), and list of cases reported 112;

1. Application of related photographs (CCTV image analysis) Acts and subordinate statutes;

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;