1. The defendant shall be punished by imprisonment with prison labor for six months;

2. Of the facts charged in the instant case, the prosecution against assault is dismissed.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for assault, etc. at Suwon Friwon on May 25, 2017, and the said judgment became final and conclusive on June 2, 2017, and is currently under the grace period.

[2] On April 8, 2018, the Defendant driven a vehicle while under the influence of alcohol according to the witness’s statement, etc., at a police station in the Suwon-gu Police Station of the Suwon-gu, Seoul-ro, No. 182-ro, Suwon-si, Suwon-si, Suwon-si, the Suwon-si, the water source of which was 182, and the Defendant 21:38.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant did not comply with a police officer's demand for alcohol testing by refusing to comply with the alcohol testing without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Statement of the circumstances of driving at home;

1. Evidentiary photographs;

1. Investigative reports (to hear statements from victims);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry, copy of judgment, etc.;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity [the scope of the applicable sentence] of the punishment between six months and one year and six months [the circumstances favorable to the reasons for sentencing] of the punishment [the sentence] of imprisonment: The defendant shows an attitude that the defendant would seriously reflect by submitting multiple rebuttals, and if released, the defendant would be subject to treatment for alcohol addiction: The defendant is not aware of the fact that he had been punished twice by a fine due to drinking alcohol driving, etc., even if he had been punished once a suspended sentence, and even if he had had the record of being punished once a suspended sentence, it is difficult to edification the defendant with the punishment of a fine more than that of the instant case.

It is judged as a type of crime.