A defendant shall be punished by imprisonment for not less than eight 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 May 11, 2018, the Defendant: (a) driven CM5 vehicle while drinking alcohol on the front of 105 front of the building B in Ulsan-gu, Ulsan-gu, 105; (b) was aware of the fact of driving alcohol from the residents; and (c) was led by the police officer called B to voluntarily accompany the police station D in Ulsan-gu.

After that, the Defendant driven under the influence of alcohol from around 23:21 to 23:34 of the same day by, for example, the Defendant driven from the slope E belonging to the police station in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S., to his/her face, sniffing the Defendant’s body properly.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a sobreath of 13 minutes in a manner that makes the breath of drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Relevant Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment (in consideration of the previous convictions of the same kind);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the consideration that the driver drivess within the complex for the purpose of adjusting the location of parking after having an agent drive an apartment complex) of the mitigated Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;