A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 27, 2019, the Defendant was required to respond to a drinking test by taking a breath attached to a drinking measuring instrument between 21:27 and 27 of the same day on the following grounds: (a) while driving a E-breater II cargo vehicle in about 50 meters in the front of the road located in the same city B, while drinking at approximately 50 meters from the front of the road in the same city B, the Defendant was in compliance with the drinking test by making it possible for the Defendant to be deemed to have driven under the influence of alcohol, such as drinking, smelling, drinking, drinking, walking with a little big walk, and the state of walking and walking are not normal; and (b) the Defendant was in compliance with the drinking test by making the breath of the fire attached to the drinking measuring instrument several times between 21:27 of the same day.

Nevertheless, the Defendant, “I will not take measurements. I will improve it. I will not accept any further punishment,” and the Defendant, “I will not refuse to comply with a police officer’s request for alcohol testing without justifiable grounds by avoiding the whole influence of a drinking measuring instrument.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, and circumstances after the crime, etc.