A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 22 and 40, 2018, the Defendant driven a motor vehicle in the influence of alcohol on the front of Gangseo-gu Seoul Metropolitan Government, such as drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, from the head of the police station D affiliated with Seoul Gangseo Police Station D, while driving a motor vehicle in the influence of alcohol on the front of Gangseo-gu Seoul Metropolitan Government B.

For about 16 minutes of time, there was a reasonable reason to determine a person, which was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of driving a drinking and notify the results of regulating drinking driving;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are the circumstances unfavorable to the defendant, such as the fact that the defendant seems to have engaged in drinking again despite two times of driving skills under drinking, and that he refused a police officer's legitimate demand for measurement of drinking alcohol.

However, there are favorable circumstances such as the fact that the defendant has no record of punishment heavier than the suspension of execution, the fact that he lives economically difficult, and the fact that he seems to be certain social ties, such as having a certain occupation.

Comprehensively taking account of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the age and occupation of the accused, the execution of the sentence is suspended on condition that the accused is punished by imprisonment with prison labor, and that social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.