A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 05, 2017, at around 22:05, the Defendant, while under the influence of alcohol on the roads of Songdong-dong Hyundai Apartment, was driving B in front of Gwangju-si, Gwangju-si, and was under the influence of drinking control at the Gwangju Police Station.

The Defendant was driving under the influence of alcohol, such as the Defendant’s fluencing reaction from D in the process of drinking alcohol reduction, the Defendant flucing the Defendant’s flucing of drinking, a large amount of smells, a little string, glucing of snow, shocking blue, and glucing red on the face, etc.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for a measurement of drinking without justifiable grounds by avoiding the size of a drinking measuring instrument in which the Defendant was influent.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(2) of the Act on the Suspension of Execution, even though two times the previous records of punishment due to drinking driving after 2010 are less than that of the instant crime, but not less than that of punishment exceeding that of a fine for the same kind of crime, the fact that a mistake is discovered and misunderstanding, and other conditions of sentencing under Article 51

1. An order to attend a course under Article 62-2 of the Criminal Act;