A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 28, 2016, at around 04:40 on December 28, 2016, the Defendant: (a) received a drinking report at a parking lot for the Dong-dong apartment dong-gun, Chungcheongnam-do, Chungcheongnam-do; and (b) controlled D District E with D District E, which was called up, and was investigated by D District E.

Defendant 1 was driven under the influence of alcohol by dividing the Defendant’s words from the foregoing E, having a strong walk and a red color.

Even if there are reasonable grounds to determine a person who has been requested to take a alcohol test by inserting the breath of a drinking measuring instrument, he/she did not comply with a police officer's alcohol test without justifiable grounds, such as refusal to take a first alcohol test at around 04:50 on the same day, refusal to take a second alcohol test at around 05:01, refusal to take a second alcohol test at around 05:11 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Soverbage measurement photographs [a witness E and F’s legal testimony that does not show any other circumstance to impeachment their credibility is sufficiently recognized that the circumstances leading up to the Defendant’s entry into the zone would result from legitimate voluntary accompanying.]

Application of Statutes

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

1. The punishment as ordered is determined by comprehensively taking account of all kinds of sentencing conditions under Article 51 of the Criminal Act, such as the following: (a) the legality of voluntary accompanying accompanying for the reason of sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity; (b) the fact that a person was punished for driving under drinking, including two times the suspension of the execution; (c) there is no record of having been punished due to unfavorable circumstances and sentence, such as the fact that he/she was a criminal record of the same kind of the refusal of drinking; (d) the fact that he/she did not cause a traffic accident; and (e) favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime