A defendant shall be punished by imprisonment for not less than eight 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 October 15, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Busan District Court's branch court's support on October 15, 201, and three million won due to the same crime in the Busan District Court's support on October 5, 2012, and was sentenced to a fine of three million won on October 5, 201.

On May 8, 2014, at around 03:43, the Defendant driven a D motor vehicle in the direction of about 500 meters from May 8, 2014 to about 102 front roads of C Apartment-dong, the Defendant was under the influence of drinking at approximately 500 meters, and was under the influence of alcohol, and the Defendant was under the influence of alcohol due to reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as putting the red on the face and smelling, etc., the Defendant was under the influence of alcohol from the above F from around 04:10 on May 8, 2014 to around 04:30 on the same day, but failed to comply with a drinking testing method by inserting a drinking measuring machine for three times from around 04:10 on the same day, but failed to comply with a request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation, a report on the driving of a driver, a report on the results of the control of drinking driving, a case-related photograph, and a report on investigation (Presentation of a black stuff CD);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended execution is above the extent of Article 62(1) of the Criminal Act (i.e., that the defendant is recognized to commit a crime, and that there is no