A defendant shall be punished by imprisonment for not more than ten 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 January 12, 2018, the Defendant: (a) driven a car on the front of the Heung-gu Alternative Park at the port of North Korea on the road in front of the Heung-gu Sports Park; (b) while driving a car on the B B B B B B under the influence of alcohol, and was dispatched after being reported by 112; and (c) was driven under the influence of alcohol, such as a drinking distance, by drinking alcohol at the Defendant’s entrance by the police box C police box at the port of the Port of the Republic of Korea, which was called by the police station at D, under the influence of the police station at the port of the Republic of Korea.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting four times between approximately 15 minutes in a so-called drinking measuring instrument.

Nevertheless, the Defendant is not able to take a drinking-free measuring instrument on the road without responding to the request for a drinking test.

The police officer did not comply with a request for measurement of drinking by a police officer without any justifiable reason, by avoiding the method of refusing to measure drinking, such as taking the police officer, taking a bath to the police officer, driving the police officer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen by making a statement on the situation of a driver in charge, a ledger using a drinking measuring instrument, a CD at the scene of crime, and a screen by capturing a video;

1. The application of Acts and subordinate statutes to internal investigation reports, investigation reports, and investigation reports (report on the confirmation of video images taken by a suspect at the time of refusal to measure alcohol consumption);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspension of execution (including the fact that there is no record of punishment exceeding a fine and the fact that it is against the law);

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