A defendant shall be punished by imprisonment for six months.

except that 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 August 6, 2013, at around 23:55, the Defendant driven a B K5 vehicle with drinking alcohol on the front of the advancement stage of the Shaeong-gun, Bosung-gun, the Defendant was exposed to the Assistant Inspector of the Bosung Police Station, who was dispatched after being locked and reported at the place.

The police officer determined that there are reasonable grounds to recognize that the defendant was under the influence of alcohol, such as smelling alcohol at the defendant's entrance, snacking red on his face, etc., and the police officer requested the defendant who voluntarily driven the police box from around 00:15 on August 7, 2013 to around 00:45 on the method of inserting the whole breath for about 30 minutes, but the defendant did not comply with the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009)

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