A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 13, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and sprinking on the face, on the top of the apartment house, from D, the border of the police station in the Seodaemun-gu Police Station C, which was called for, after receiving a report from 112, that the Defendant sprinked the boundary of the nearby location while driving Benz car in front of the apartment house, and driving the motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and sprinking on the face.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath of drinking three times between about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of Acts and subordinate statutes concerning traffic accident reports, reports on the actual conditions of drivers of the relevant driving, and on-site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reasons for sentencing (the favorable circumstances among the reasons for sentencing) - the circumstances that are unfavorable to the reason for sentencing - the Defendant was unable to comply with the justifiable performance of official duties concerning the crackdown on the driving of drinking. - The Defendant is fully aware of the facts constituting the crime. The Defendant was punished twice by driving alcohol, but there is time interval from the instant crime, and there is no record of being punished by the refusal of drinking alcohol measurement. The sentence is imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.